A larger bench of the Supreme Court led by Chief Justice of Pakistan Qazi Faez Isa (CJP) on Thursday resumed hearing the review plea filed against the apex court’s 2022 ruling on Article 63(A) of the Constitution — relating to the defection of lawmakers from party lines, policies.
The bench also includes Justice Amin-ud-Din Khan, Justice Jamal Khan Mandokhail, Justice Mazhar Alam Khan Miankhel and Justice Naeem Akhtar Afghan — who replaced Justice Munib Akhtar.
The case pertains to the top court’s decision, which said that the votes of the lawmakers who go against party policy would not be counted, and has been challenged by the Supreme Court Bar Association’s (SCBA).
The 3-2 judgment, had effectively barred lawmakers from going against their party’s policy when voting in the parliament.
Three judges — then-CJP Umar Ata Bandial, Justice Ijazul Ahsan, and Justice Munib had voted in favour whereas Justice Mandokhail and Justice Mazhar disagreed with the verdict.
However, the SCBA, in its review plea, has contended that the ruling was “against the Constitution and equal to interference in it”.
During yesterday’s hearing, Pakistan Tehreek-e-Insaf’s (PTI) lawyer Barrister Ali Zafar raised objections to the constitution of the bench hearing the case saying that it wasn’t formed in accordance with the law.
