Article 63A Review: Supreme Court Dismisses PTI’s Concerns Over Bench Constitution

Islamabad-(Mudassar Iqbal)-The Supreme Court of Pakistan has rejected Pakistan Tehreek-e-Insaf’s (PTI) objection to the formation of the bench hearing the Article 63A review case . The court deemed the bench valid under the law, with Chief Justice Qazi Faez Isa emphasizing that the era of selecting judges based on preference has ended.

A dramatic scene unfolded in the Supreme Court of Pakistan yesterday during the hearing of the review petition challenging Article 63A of the Constitution. The petition, filed by Pakistan Tehreek-e-Insaf (PTI), took a tense turn when PTI representative Mustafin Kazmi was ordered to leave the courtroom by Chief Justice Qazi Faez Isa.

Kazmi’s remarks, “There are 500 lawyers outside, let’s see how the decision comes against us,” escalated tensions, prompting the Chief Justice to direct the removal of Kazmi from the courtroom. This dramatic turn of events highlighted the intense emotions surrounding the case.

Earlier, Barrister Ali Zafar, representing PTI, raised objections to the bench formation, questioning its legality and compliance with the amendment ordinance. The Chief Justice responded, reiterating that all parties had been invited to present arguments.

The Supreme Court Bar Association (SCBA) filed the review petition, challenging the apex court’s original ruling on May 17, 2022. The ruling stated that votes cast against party lines, as outlined in Article 63-A, should not be counted. This law limits lawmakers’ voting powers, requiring them to follow party decisions.

The five-member bench, led by Chief Justice Qazi Faez Isa, includes Justices Naeem Akhtar Afghan, Aminuddin Khan, Jamal Khan Mandokhail, and Mazhar Alam Khan Miankhel. Justice Afghan replaced Justice Munib Akhtar, who declined to participate.

During the hearing, SCBA President Shahzad Shaukat presented his case, while Chief Justice Isa scrutinized the previous opinion on a presidential reference made by former President Arif Alvi. The registrar’s report on the detailed judgment of Article 63-A was also presented.

Barrister Ali Zafar argued that the parties involved had not been properly notified, and the composition of the bench was illegal. He requested judgment on bench legality before arguments on merits. However, the bench unanimously denied his objection.

Chief Justice Isa noted that all parties had been invited to present arguments and reiterated the court’s stance. Zafar also took issue with Justice Mansoor Ali Shah’s letter, which he sought to read in court. The Chief Justice allowed him to read only the relevant paragraph.

Zafar’s arguments were met with skepticism by the bench, with Justice Mandokhail questioning whether the SCBA was unaware of the timeframe for filing review petitions. The SCBA president explained the delay was due to waiting for the detailed judgment.

The federal government and the Pakistan Peoples Party (PPP) supported the review petitions. PTI’s lawyer, Barrister Ali Zafar, objected to the composition of the bench.

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 court will continue to hear arguments from all parties involved.

This case highlights the complexities and tensions surrounding Pakistan’s constitutional laws and the country’s political landscape.

As the hearing progressed, tensions remained high. The Chief Justice lamented the increasing instances of disrespect towards judges and predicted that YouTubers would report on the incident outside the courtroom.

The removal of Kazmi from the courtroom underscored the court’s commitment to maintaining order and decorum. The case’s outcome will have significant implications for Pakistan’s political landscape and the interpretation of Article 63A.

The Supreme Court’s decision on the review petition will be closely watched, as it has the potential to impact the country’s political dynamics. The court’s ruling will provide clarity on the defection clause and its implications for lawmakers.

With the hearing adjourned, all eyes are on the Supreme Court as it deliberates on this critical case. The outcome will shape the future of Pakistan’s politics and the application of Article 63A.

The legal community and political analysts are closely following the developments, and the nation awaits the Supreme Court’s decision. The case’s verdict will have far-reaching consequences for Pakistan’s democracy and the rule of law.

In conclusion, yesterday’s dramatic events in the Supreme Court highlighted the intense emotions and high stakes surrounding the review petition. As the court continues to hear arguments, the nation remains gripped in anticipation of the outcome.

The Supreme Court’s decision will not only impact the PTI but also shape the broader political landscape of Pakistan. The case’s verdict will provide clarity on the defection clause, influencing the country’s political dynamics for years to come.

With tensions running high, the Supreme Court’s commitment to upholding the law and maintaining order remains unwavering. As Pakistan waits with bated breath, the court’s decision will undoubtedly have a profound impact on the nation’s future.