Pakistan’s top judge rejects opposition party’s objection in key political case

Pakistan’s top judge rejected opposition party Pakistan Tehreek-e-Insaf's (PTI) objection over the formation of the bench hearing the Article 63-A case on defecting lawmakers on Wednesday.

The development comes days after a judge from the Supreme Court declined to join the five-member bench hearing the review petition filed by PTI. However, the hearing continued on Tuesday after Chief Justice Qazi Faez Isa appointed another judge.

The case centers on the Supreme Court’s May 17, 2022 ruling on a presidential reference concerning Article 63-A, which stated that votes cast by defecting lawmakers against party policy would not be counted.

Former president Dr Arif Alvi filed the reference during the tenure of jailed ex-prime minister Imran Khan's government.

The judgment also left the duration of disqualification up to the discretion of parliament. This 3-2 verdict, led by then-Chief Justice Umar Ata Bandial, saw Justices Mazhar Alam Miankhel and Jamal Khan Mandokhail dissenting.

Justice Munib Akhtar, who declined to join the bench, authored the majority opinion, which has since been challenged by multiple review petitions that remain unresolved.

The hearing

The newly-formed five-member bench heard the case, headed by Chief Justice Qazi Faez Isa. The members of the bench include Justices Amin-ud-Din Khan, Jamal Mandokhail, Naeem Akhtar Afghan, and Mazhar Alam Miankhel.

PTI lawyer Ali Zafar challenged the inclusion of members from the bench formation committee in the hearing bench. Zafar questioned the legal justification of the bench's formation. Responding, CJP Isa remarked that if this logic were followed, committee members would never be able to sit on any bench.

The President of the Supreme Court Bar Association, Shehzad Shaukat, began the arguments by presenting the Registrar's report. He noted that the detailed judgment on Article 63-A was issued on October 14, 2022.

Shaukat explained that the delay in filing the review petition was because they were awaiting this judgment. He also stressed that public interest cases often receive leniency for delays and urged the court to prioritize this one.

Meanwhile Barrister Ali Zafar requested time to consult with the PTI founder, Imran Khan, who is currently imprisoned. On this, CJP Isa instructed him to begin his arguments, suggesting that a meeting with Imran Khan could have been arranged earlier.

Justice Naeem Afghan echoed the Chief Justice's remarks, questioning why a meeting had not been requested the previous day.

The Chief Justice directed the Additional Attorney General to facilitate a meeting between Zafar and Imran Khan, allowing it to take place either before the evening or by 10 AM the following morning.

The court subsequently adjourned the case until 11:30 AM the next day.

Confrontation

Tensions escalated in the courtroom when PTI lawyer Syed Mustafain Kazmi approached the rostrum, asserting his representation of the party.

The CJP questioned Zafar, "What is happening here?"

As the exchange grew more heated, the Chief Justice warned Kazmi to take his seat, threatening to call the police if he continued to disrupt the proceedings.

Kazmi, however, defied the warning, retorting, "Call the police, what can they do?"

He further disrupted the court, declaring, "All five of you are illegal!", and threatened to bring in "300 lawyers waiting outside".

As the situation worsened, Kazmi was removed from the courtroom amid the chaos.