ISLAMABAD: Justice Munib Akhtar, who refused to change into a part of the five-member bench listening to a overview petition difficult the Supreme Courtroom’s verdict on defection clause beneath Article 63-A, registered his “protest” towards the chief justice-led bigger bench for conducting proceedings in his absence earlier at present.
“4 judges couldn’t have sat and heard the matter that was listed earlier than a 5-member Bench,” Justice Munib said in his second letter to the highest courtroom’s registrar at present.
It’s noteworthy to say right here that the initially shaped five-member bench, headed by Chief Justice of Pakistan (CJP) Qazi Faez Isa, had comprised Justice Amin-Ud-Din Khan, Justice Jamal Khan Mandokhail, Justice Mazhar Alam, and Justice Munib.
The jurist’s second letter got here after the highest courtroom adjourned the listening to on the overview petition after Justice Munib didn’t attend at present’s listening to for which he wrote a letter to the SC registrar, stating that he didn’t recuse from the bench, nevertheless, he can’t be part of a bench that was constituted by Follow and Process Committee.
Nonetheless, because the listening to started at present, Justice Munib was unavailable from the bench, following which the CJP adjourned the listening to until tomorrow (Tuesday), saying that the decide can be requested to rejoin the bench.
In his earlier letter earlier at present, Justice Munib additionally demanded to make his letter part of the case file, to which CJP Isa stated this might not occur. He added that it might have been acceptable had Justice Munib given his opinion after being a part of the bench.
Justice Munib, in his contemporary correspondence to the highest courtroom, said: “What seems to have occurred prima facie appears to be an entire departure from all precedent, and relevant regulation and guidelines. Respectfully, it’s not acceptable to me. I’ve all of the respect for the 4 judges who sat in courtroom and presupposed to conduct the listening to within the CRP [Civil Review Petition].”
Commenting on a receipt he obtained at present from the bigger bench after the listening to, he wrote: “It’s submitted that the Civil Overview Petition No. 197 of 2022 got here up for listening to earlier than Bigger Bench headed by the Hon’ble Chief Justice of Pakistan at present i.e. 30.09.2024 and the Hon’ble Courtroom whereas adjourning the matter for tomorrow, has been happy to direct the Registrar to position the order handed at present earlier than Hon’ble Justice Munib Akhtar with the request to affix the Bench.”
Nonetheless, if his lordship doesn’t achieve this the Committee constituted beneath part 2 of the Supreme Courtroom (Follow and Process) Act, 2023 is required to nominate one other decide in his place on the bench, it added.
“If accepted, the moment be aware together with licensed copy of order could also be forwarded to Sr. P.S. to the Hon’ble Decide.”
Justice Munib stated, “That purported order clearly reveals that the matter was, as listed, to be fastened earlier than the five-member Bench. Nonetheless, I didn’t take part in at present’s listening to and it seems that 4 discovered Judges, i.e. the Chief Justice, Justice Amin-ud- Din Khan, Justice Jamal Khan Mandokhail and Justice Mazhar Alam Khan Miankhel sat in Courtroom and performed the listening to of the CRP.”
“I’m at a loss to grasp as to how the five-member Bench constituted in phrases as set out in my earlier be aware despatched to you at present could possibly be ‘transformed’ right into a 4 Member Bench”.
“On the finish of the purported order there’s house for 5 signatures, and that the place I might have signed is (clearly) clean,” he argued, including: “This additional confirms that the CRP was to be heard by a five-member bench.”
Elevating objections to the CJP Isa-led bench’s order, Justice Munib stated that the directive couldn’t be known as a “judicial order”.
“I have to nonetheless regretfully, although respectfully, file my protest as to what has been finished,” he wrote.
“Subsequently, the course contained in para 4 of the purported order (which prima facie is in regulation no order in any respect) is of no consequence.”
“Nonetheless I present respect to the 4 judges and reply to their question. Within the circumstances, I consider that the one response that I may give, within the obtainable information and circumstances, is to as soon as once more draw consideration to my earlier be aware of at present addressed to the registrar,” he concluded.
CJP summons SC key panel’s session
Following Justice Munib’s dissenting letter on the bench listening to Article 63A’s overview petition, CJP Isa summoned a session of the highest courtroom’s Follow and Process Committee on Tuesday (tomorrow) at 9:00am, sources advised Geo Information.
It is very important point out right here {that a} three-member committee shaped beneath the SC Follow and Process Modification Ordinance has constituted 9 bigger benches to listen to overview petitions pending since 2018.
The committee had additionally issued a judges’ roster within the stated benches for the hearings of the instances.