The Supreme Court (SC) Justice Munib Akhtar has refused to join the five-member bench hearing the petition seeking a review of the previous apex court ruling on the defection clause under Article 63A of the Constitution.
Chaired by Chief Justice of Pakistan (CJP) Qazi Faez Isa, the bench was supposed to comprise Justices Munib Akhtar, Aminuddin Khan, Jamal Khan Mandokhail, and Mazhar Alam Khan Miankhel.
Following the absence of Justice Munib Akhtar, however, the bench did not hear the case on Monday.
Justice Akhtar’s decision comes against the backdrop of his removal from the three-judge committee established under the Supreme Court (Practice and Procedure) Act 2023, after the promulgation of an amendment ordinance granting the CJP the authority to select any judge as the committee’s third member.
Qazi Faez Isa stated that according to the Practice and Procedure Act, a three-member committee of the Supreme Court would again discuss and make a decision on the formation of a new bench if Justice Munib Akhtar does not join it.
Earlier, after the amendments to the Practice and Procedure Act, CJP Qazi Faez Isa prioritised the fifth senior judge, Justice Aminuddin Khan, over the third senior judge, Justice Munib Akhtar, in the three-member committee.
