The Supreme Court of Pakistan, chaired by Chief Justice Qazi Faez Isa, reviewed a petition concerning the interpretation of Article 63-A, during which Justice Muneeb Akhtar, a member of the bench, was absent from the proceedings.
Chief Justice Qazi Faez Isa summoned the attorney general to the podium and recited a letter from Justice Muneeb Akhtar, who declined to participate in the bench established by the current committee.
Justice Muneeb elucidated in his correspondence that he was not refusing to adjudicate the matter but rather opposed the composition of the bench.
Chief Justice Faiz Isa stated that if a bench has been created, any member seeking to recuse himself from the case must do so in open court.
The Chief Justice stated that efforts would be made to persuade Justice Muneeb to join the bench; however, if unsuccessful, a new bench will be constituted. He subsequently deferred the hearing to tomorrow, awaiting Justice Muneeb’s determination.
In the proceedings, PTI leader Barrister Ali Zafar contended that the committee could constitute a valid bench only in the presence of all three members and asserted that decisions were impermissible in the absence of one member.
Chief Justice Faiz Isa expressed dissent, contending that such restrictions would incapacitate the court.
He asserted that delegating matters to the judgment of a solitary individual would impede the operation of the institution.
The case has been postponed till tomorrow as efforts continue to reinstate Justice Muneeb Akhtar to the bench.
The Chief Justice of Pakistan indicated that if Justice Muneeb Akhter were to decline, the bench might be reconfigured.
