The Supreme Court of Pakistan has begun hearing review appeals challenging the interpretation of Article 63-A.
A five-judge larger bench of the Supreme Court, headed by Chief Justice Qazi Faez Isa, is hearing the appeals. The bench also includes Justices Aminuddin Khan, Jamal Khan Mandokhail, Naeem Akhtar Afghan, and Mazhar Alam Miankhel.
At the start of the hearing, the President of the Supreme Court Bar, Shahzad Shaukat, appeared before the bench. The Chief Justice noted that his arguments had already been completed.
The Registrar’s report regarding the detailed judgment on Article 63-A was presented to the court, indicating that the detailed judgment was issued on October 14, 2022.
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The President of the Supreme Court Bar explained that the delay in filing the review petitions was due to the wait for the detailed judgment. Justice Jamal Khan Mandokhail responded by questioning whether the Supreme Court Bar was unaware of the timeframe for filing such petitions, contrasting it with the situation of an ordinary citizen’s case.
During the court hearing, PTI lawyer Mustafain Kazmi approached the rostrum. The Chief Justice inquired about his representation, to which Kazmi responded that he was representing the PTI.
The Chief Justice instructed Kazmi to sit down, threatening to call a police officer if he refused. Kazmi responded defiantly, stating that the Chief Justice could do so, and that 500 of his colleagues were waiting outside, implying a potential disruption.
Kazmi then objected to the composition of the five-judge bench, specifically targeting Justices Naeem Akhtar Afghan and Mazhar Alam Miankhel, claiming the bench was unconstitutional due to the inclusion of these two judges.
Chief Justice Qazi Faez Isa ordered Kazmi’s removal from the courtroom, instructing the plainclothes police officers present to escort him out.
Chief Justice Isa then addressed Barrister Ali Zafar, questioning the behavior, stating that they would not tolerate such disrespect. Zafar responded that he had been calmly arguing, and the Chief Justice had been calmly listening.
Chief Justice Isa lamented the increasing instances of disrespect towards judges and predicted that YouTubers would report on the incident outside the courtroom.
It is noteworthy that a new bench was constituted yesterday after Justice Munib Akhtar declined to participate. The Judges Committee replaced Justice Munib Akhtar with Justice Naeem Akhtar Afghan.
On Tuesday, Shahzad Shaukat presented arguments on behalf of the Supreme Court Bar. The federal government and the Pakistan Peoples Party (PPP) supported the review petitions, while PTI’s lawyer, Barrister Ali Zafar, objected to the composition of the bench.
