PTI Raises Objections to Supreme Court Bench Composition in Article 63-A Case

Pakistan Tehreek-e-Insaf (PTI) has officially objected to the composition of the Supreme Court bench reviewing the interpretation of Article 63-A.

PTI’s lawyer, Barrister Ali Zafar, filed a petition challenging how the bench was formed. In his petition, Zafar argued that the bench did not comply with Section 2 of the Act under the Presidential Ordinance, which mandates that the Judges’ Committee consist of three members.

According to the law, a minimum of three judges is required to determine the bench’s composition. The petition further asserted that the bench should be formed through the collective agreement of three judges. However, it highlighted that only two judges were present during the committee meeting on September 23, as Justice Mansoor was absent. This absence led the petitioners to contend that decisions made by just two judges lack legal validity, rendering the bench’s formation improper.

In response to the objections raised by Barrister Ali Zafar, Chief Justice Qazi Faiz Isa stated, “I do not agree with you. If this happens, then this court will become inactive.” He emphasized that not every case could rely on a single individual’s discretion, countering PTI’s arguments.

Barrister Zafar insisted that the Practice and Procedure Committee could only establish a bench when all three members were present. However, Chief Justice Isa dismissed this interpretation, arguing that allowing the absence of one judge to impede the court’s functioning would hinder the operations of the Supreme Court.

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