SC rejects Imran Khan's lawyer's objection on Section 63-A review petition – Pakistan

The Supreme Court on Wednesday dismissed an objection raised by PTI founder Imran Khan's lawyer on holding a review petition relating to the defection clause under Article 63-A of the Constitution .

The apex courts' initial ruling on May 17, 2022 stated that votes cast against party lines as outlined in Article 63-A should not be counted. The law aims to limit the voting power of lawmakers, forcing them to follow the decisions of their party leader. Violations can result in disqualification from the National Assembly and loss of legislative seat.

The Supreme Court Bar Association (SCBA) had filed the petition for review. It was heard by a five-member bench headed by Chief Justice Qazi Faez Isa. The bench also included Justices Naeem Akhtar Afghan, Aminuddin Khan, Jamal Khan Mandokhail and Mazhar Alam Khan Miankhel. Justice Afghan joined the bench after Justices Munib Akhtar and Syed Mansoor Ali Shah opted out.

During the hearing, SCBA Chairman Shahzad Shaukat presented his case while CJP Isa considered the previous opinion given by the entire judiciary regarding a presidential reference made by former President Arif Alvi . The CJP noted that its arguments had already been concluded.

In court, Senator Ali Zafar represented Imran Khan, along with SCBA President Shaukat and Pakistan Bar Council Vice President Farooq H Naek.

The Registrar's report regarding the detailed judgment on Section 63-A was presented to the court, indicating that the detailed judgment was delivered on October 14, 2022.

The SCBA president explained that the delay in filing the review petitions was due to the wait for the detailed judgment. Justice Mandokhail responded by questioning whether the SCBA was unaware of the deadline for filing such petitions, comparing it to the situation of an ordinary citizen's case.

PTI lawyer expelled from court

During the hearing, PTI lawyer Mustafain Kazmi approached the podium. The Chief Justice inquired about his representation, to which Kazmi replied that he represented the PTI.

The chief justice ordered Kazmi to sit down, threatening to call a police officer if he refused. Kazmi responded defiantly, stating that the chief justice could do it and that 500 of his colleagues were waiting outside, implying a potential disruption.

Kazmi then objected to the composition of the five-judge bench, specifically targeting Justices Naeem Akhtar Afghan and Mazhar Alam Miankhel, saying the bench was unconstitutional due to the inclusion of these two judges.

Chief Justice Qazi Faez Isa ordered Kazmis removed from the courtroom, ordering plainclothes police officers present to escort him.

The CJP then addressed lawyer Ali Zafar, questioning this behavior, stating that it would not tolerate such disrespect. Zafar replied that he had argued calmly and the chief justice had listened calmly.

Also read this

Judge Naeem Afghan added to Article 63-A training

Review of Defection Act verdict: Justice Akhtar responds to purported SC order

CJP Isa deplored the increasing cases of disrespect towards judges and predicted that YouTubers would report on the incident outside the courtroom.

It is noteworthy that a new bench was constituted yesterday after Justice Munib Akhtar refused to participate in it. The judges committee replaced Justice Munib Akhtar with Justice Naeem Akhtar Afghan.

On Tuesday, Shahzad Shaukat presented his arguments on behalf of the Supreme Court Bar. The federal government and the Pakistan People's Party (PPP) supported the review demands, while PTI's lawyer, Barrister Ali Zafar, opposed the composition of the bench.

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