CJP Isa: Absence of a Judge Cannot Obstruct Court’s Functioning

A division bench of the Supreme Court of Pakistan, led by Chief Justice Qazi Faez Isa, heard a review petition concerning the interpretation of Article 63-A. Justice Muneeb Akhtar, a member of the bench, was absent and did not attend the hearing.

During the session, Chief Justice Qazi Faez Isa read aloud a letter from Justice Muneeb Akhtar, in which he explained that he was not refusing to hear the case but objected to the composition of the bench. The Chief Justice remarked that once a bench is formed, any judge wishing to excuse themselves must do so in open court.

The Chief Justice also stated that efforts would be made to persuade Justice Muneeb to join the bench, but if these efforts failed, a new bench would be formed. The hearing was postponed until the next day, pending Justice Muneeb’s decision.

Meanwhile, PTI leader Barrister Ali Zafar argued that a valid bench could only be formed if all three members were present, and decisions should not be made in the absence of one member. Chief Justice Faez Isa disagreed, stating that such a restriction would impede the court’s operations and emphasized that leaving decisions to a single individual would hinder the institution’s effectiveness.

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The hearing has been adjourned until tomorrow, with continued efforts to bring Justice Muneeb Akhtar back to the bench. If he declines, the Chief Justice noted that the bench may be reconstituted.

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