Defection law case: Justice Munib Akhtar registers 'protest' over 4-member bench
1. CJP Isa summons SC practice committee meeting today after Justice Munib’s dissenting letter, say sources
ISLAMABAD: Justice Munib Akhtar, who declined to join the five-member bench hearing a review petition challenging the Supreme Court's ruling on Article 63-A's defection clause, voiced his protest against the larger bench led by the Chief Justice for proceeding in his absence.
In his second letter to the Supreme Court’s registrar on Monday, Justice Munib stated, “Four judges could not have sat and heard the matter that was listed before a five-member bench.”
The originally constituted bench, headed by Chief Justice of Pakistan (CJP) Qazi Faez Isa, included Justice Amin-Ud-Din Khan, Justice Jamal Khan Mandokhail, Justice Mazhar Alam, and Justice Munib Akhtar.
Justice Munib's latest letter followed the court's adjournment of the review petition hearing after his absence in the previous day's session. He clarified in his initial letter that he had not recused himself but could not participate in a bench formed by the Practice and Procedure Committee.
When the hearing commenced without Justice Munib, the CJP adjourned the session, stating the judge would be invited to rejoin the bench the next day.
In his earlier letter, Justice Munib requested that his correspondence be included in the case record. However, CJP Isa declined, suggesting that it would have been better for Justice Munib to offer his opinion from within the bench.
In his fresh communication, Justice Munib stated, “What appears to have happened prima facie seems to be a complete departure from all precedent, and applicable law and rules. Respectfully, it is not acceptable to me. I have all the respect for the four judges who sat in court and purported to conduct the hearing in the Civil Review Petition.”
He noted that the order from the larger bench indicated the case was initially set for a five-member bench but questioned how it could have proceeded with only four judges.
Justice Munib further criticized the order as lacking judicial validity and expressed his regret in registering his protest.
Following Justice Munib's dissent, CJP Isa called a meeting of the Supreme Court’s Practice and Procedure Committee for Tuesday at 9:00 AM. The committee, established under the SC Practice and Procedure Amendment Ordinance, has constituted nine larger benches to hear pending review petitions dating back to 2018, also issuing a roster for the judges in these cases.
