Tag: Justice Munib Akhtar

  • Justice Munib Akhtar recuses himself from bench in Article 63A case

    Justice Munib Akhtar recuses himself from bench in Article 63A case

    The Supreme Court (SC) Justice Munib Akhtar has refused to join the five-member bench hearing the petition seeking a review of the previous apex court ruling on the defection clause under Article 63A of the Constitution.

    Chaired by Chief Justice of Pakistan (CJP) Qazi Faez Isa, the bench was supposed to comprise Justices Munib Akhtar, Aminuddin Khan, Jamal Khan Mandokhail, and Mazhar Alam Khan Miankhel.

    Following the absence of Justice Munib Akhtar, however, the bench did not hear the case on Monday.

    Justice Akhtar’s decision comes against the backdrop of his removal from the three-judge committee established under the Supreme Court (Practice and Procedure) Act 2023, after the promulgation of an amendment ordinance granting the CJP the authority to select any judge as the committee’s third member.

    Qazi Faez Isa stated that according to the Practice and Procedure Act, a three-member committee of the Supreme Court would again discuss and make a decision on the formation of a new bench if Justice Munib Akhtar does not join it.

    Earlier, after the amendments to the Practice and Procedure Act, CJP Qazi Faez Isa prioritised the fifth senior judge, Justice Aminuddin Khan, over the third senior judge, Justice Munib Akhtar, in the three-member committee.

  • Justice Munib Akhtar walks out of Judicial Commission meeting

    Justice Munib Akhtar walks out of Judicial Commission meeting

    Supreme Court Justice Munib Akhtar walked out of the Judicial Commission of Pakistan (JCP) meeting, which was held to review the JCP Rules 2024 concerning the elevation of judges to the superior judiciary.

    The News reported that Justice Akhtar asked Attorney General of Pakistan (AGP) Mansoor Usman Awan about the progress of the government’s intended legislation on superior court judges. AGP Awan responded that he should direct his question to Federal Law Minister Azam Nazeer Tarar and stated that the meeting was not the appropriate forum for such questions.

    Following these remarks, Justice Akhtar suggested postponing the meeting but faced disagreement from fellow judges, prompting him to walk out alone. The JCP meeting continued without him.

    The commission, led by the Chief Justice of Pakistan (CJP) Qazi Faez Isa, discussed various clauses of the rules. The meeting was attended by four provincial law ministers and top court judges, including Justice Mansoor Ali Shah, Justice Yahya Afridi, retired Justice Manzoor Malik, and AGP Mansoor Usman Awan.

    There has been no official confirmation regarding Justice Munib Akhtar’s departure from the meeting.

    Earlier, the commission wrote to the chief justices of the five high courts, requesting nominations for candidates to be elevated as additional judges under the 2024 Rules.

  • ‘Irresponsible statement’ Justice Munib Akhtar, CJP Isa trade verbal blows

    ‘Irresponsible statement’ Justice Munib Akhtar, CJP Isa trade verbal blows

    Monday’s hearing of the case pertaining to Sunni Ittehad Council’s reserved seats turned into a salvo of verbal blows in the Supreme Court.

    A slightly heated exchange of words took place between the Chief Justice of Pakistan Qazi Faez Isa and Justice Munib Akhtar.

    During the hearing, Justice Akhtar remarked, “There is no logic in the Election Commission’s orders because, on one hand, it says SIC did not contest elections and therefore did not win any seats but on the other hand it is a parliamentary party as well.”

    Meanwhile, other judges also passed remarks to which CJP Qazi Faez Isa stopped the petitioner’s lawyer Faisal Siddiqui from answering the questions of the judges.

    Here Justice Munib intervened and said, “This is an unfair statement, every judge of the full court has the right to ask questions.”

  • CJP Bandial to hear petition seeking SC’s involvement to prevent ‘anarchic situation’ ahead of no-trust vote

    CJP Bandial to hear petition seeking SC’s involvement to prevent ‘anarchic situation’ ahead of no-trust vote

    The Supreme Court of Pakistan (SCP) will shortly begin hearing a petition filed by the Supreme Court Bar Association (SCBA), urging the court to direct a peaceful execution of proceedings for the no-confidence vote in the National Assembly against Prime Minister (PM) Imran Khan.

    A two-judge bench comprising Chief Justice of Pakistan (CJP) Umar Ata Bandial and Justice Munib Akhtar are scheduled to start hearing the petition at 1pm on Saturday.

    The plea filed by SCBA with the Supreme Court on Thursday said that circumstances involving a confrontation between the government and the opposition could trigger an “anarchic situation” in the country.

    “It is evident from the political history of our country that preventing the constitutional process from taking its course has produced dire consequence for democracy and rule of law,”said the petition.

    The SCBA sought the court’s directions for all state functionaries “to act strictly in accordance with the Constitution and the law and they be restrained from acting in any manner detrimental to and unwarranted by the Constitution and the law”.