ISLAMABAD: The Supreme Court has adjourned the hearing on a review petition challenging its judgement on the defection clause under Article 63-A of the Constitution after Justice Munib Akhtar refused to become part of the five-member bench.
The originally formed five-member bench, headed by Chief Justice of Pakistan (CJP) Qazi Faez Isa, had comprised Justice Aminuddin, Justice Jamal Khan Mandokhail, Justice Mazhar Alam, and Justice Munib.
However, as the hearing began today, Justice Munib recused himself from the bench, following which the CJP adjourned the hearing till tomorrow (Tuesday), saying that the judge would be requested to rejoin the bench.
“We will try to bring Justice Munib Akhtar back to the bench, otherwise, the bench will be reconstituted,” said the chief justice.
The petition seeks a review of the judgment delivered on May 17, 2022, concerning the defection clause under Article 63-A of the Constitution.
In his letter, Justice Munib said that he did not recuse from the bench, saying he cannot be a part of a bench that was constituted by Practice and Procedure Committee.
“My letter should be made a part of the case record,” said Justice Munib, to which CJP Isa said this could not happen. He added that it would have been appropriate had Justice Munib given his opinion after being part of the bench.
The CJP said that he respects Justice Munib’s opinion, however, the case has been pending for more than two years and the Article 63-A case is very important.
This is a developing story and is being updated with more details.
