The Supreme Court dismissed on Wednesday an objection raised by the counsel for Imran Khan, the PTI founder, regarding the bench hearing a review petition related to the defection clause under Article 63-A of the Constitution.
The apex court’s original ruling on May 17, 2022, stated that votes cast against party lines as outlined in Article 63-A should not be counted. The law is designed to limit lawmakers’ voting powers, requiring them to follow the decisions of their party head. Violations can result in disqualification from the National Assembly and the loss of the lawmaker’s seat.
The Supreme Court Bar Association (SCBA) had filed the review petition. It was heard by a five-member bench led by Chief Justice Qazi Faez Isa. The bench also included Justices Naeem Akhtar Afghan, Aminuddin Khan, Jamal Khan Mandokhail, and Mazhar Alam Khan Miankhel. Justice Afghan joined the bench after Justices Munib Akhtar and Syed Mansoor Ali Shah opted not to participate.
In the hearing, SCBA President Shahzad Shaukat presented his case while CJP Isa scrutinised the previous opinion given by the larger bench concerning a presidential reference made by former President Arif Alvi. The CJP noted that his arguments had already been completed.
In court, Senator Ali Zafar represented Imran Khan, alongside SCBA President Shaukat and Pakistan Bar Council Vice Chairman Farooq H Naek.
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.
The SCBA president explained that the delay in filing the review petitions was due to the wait for the detailed judgment. Justice Mandokhail responded by questioning whether the SCBA 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.
The CJP then addressed Barrister Ali Zafar, questioning the behaviour, stating that they would not tolerate such disrespect. Zafar responded that he had been calmly arguing, and the Chief Justice had been calmly listening.
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CJP 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.
