A larger five-member bench, headed by Chief Justice Pakistan (CJP) Qazi Faez Isa, has accepted the review petition of Article 63A filed by the Supreme Court Bar Association (SCBA).
The ruling given in May 2022 by a five-member larger bench headed by former CJ Umar Ata Bandial on Article 63A has been struck down by the apex court’s larger bench with a 5-0 majority.
Chief Justice of Pakistan Qazi Faez Isa stated that Article 63A is redundant as the constitution already addresses the issue clearly, and added that judges can’t write the constitution.
The five-member bench included Justice Aminuddin Khan, Justice Jamal Khan Mandokhail, Justice Naeem Akhtar Afghan, and Justice Mazhar Alam Miankhail, along with CJP Qazi Faez Isa.
A recent top court five member bench verdict by 3-2 stated that parliament members who vote against their parliamentary leader will be considered deviant, and their vote will also be not counted.
It should be mentioned here that the verdict of May 17, 2022 was authored by Justice Munib Akhtar.
However, the detailed review case verdict of Article 63A will be issued soon.
Article 63A noted that parliamentary members will lose their seats if they vote against the command of the party chief.
However, it is not stated that parliamentary vote can’t be counted.
During the hearing, Qazi Faez Isa stated that political parties are not subject to the authority of a judge or Chief Justice.
Counsel of founder Imran Khan of Pakistan Tehreek-e-Insaf (PTI), Barrister Ali Zafar, objected to the composition of the bench on behalf of his client. As a result, the Supreme Court appointed him as judicial assistant.
Barrister Ali Zafar told the members of the larger bench that the parliamentary party directed the parliament members to vote in parliament and added that the Chief Parliamentary party could send ineligible references to parliamentary members if his order defied.
In response, the Chief Justice declared the vote against the party “a suicide attack.”
