SC adjourns hearing on Article 63-A due to Justice Muneeb's absence

Justice Muneeb Akhtar’s ruling under Article 63-A excluded votes of disqualified members, with dissent by two justices

The hearing on Article 63-A, concerning the counting of votes from disqualified parliament members, has been adjourned due to the absence of Justice Muneeb Akhtar. The Supreme Court, led by Chief Justice Qazi Faez Isa, was set to review the appeals when the session was postponed.

According to Express News, the five-member larger bench also includes Justices Aminuddin Khan, Jamal Khan Mandokhel, and Mazhar Alam Miankhel. The Supreme Court had previously issued a ruling under Article 63-A stating that the votes of disqualified members would not be counted, a decision penned by Justice Muneeb Akhtar. Justices Mandokhel and Miankhel had expressed dissent in that ruling.

Following the enactment of an amendment ordinance, the judges' committee formed the larger bench to further examine the issue. Senior judge Justice Mansoor Ali Shah voiced his disagreement with the judges' committee's decision to exclude Justice Muneeb from the bench.

As the court session continues to face challenges, the focus remains on the implications of the decisions surrounding Article 63-A and their impact on Pakistan's political landscape.

The review petition for Article 63-A has been pending for over two years and four months.

During the last committee meeting held on July 18, CJP Isa noted that the case had been heard by five judges and decided by a majority of 3 to 2.

Justice Muneeb Akhtar from the majority and Justice Jamal Khan Mandokhail from the minority remain, whereas the then CJ and another judge have since retired, and another has resigned.

CJP Isa had previously indicated that since two judges were available, the case should be fixed for hearing within ten days before a bench that would include Justice Syed Mansoor Ali Shah, Justice Yahya Afridi, and Justice Aminuddin Khan.

Now, CJP Isa has replaced himself with Justice Mansoor Ali Shah, who will preside over the larger bench.

This case holds significant weight in the current context, as the federal government lacks the numbers needed to secure a two-thirds majority for passing a constitutional amendment.

The government is already feeling disheartened after its first attempt at a constitutional amendment failed.

Currently, the government is hopeful that the judgment on the interpretation of Article 63A of the Constitution will be overturned, allowing votes from defecting lawmakers to be counted in favour of the constitutional amendment.

The government's strategy is heavily dependent on Justice Isa, who has faced consistent criticism from PTI leaders over allegations of bias.

All eyes are on Justice Muneeb Akhtar, as observers wonder whether he will recuse himself from the bench and what reasons he will provide for such a decision.