Discretion of single individual can’t hamper SC functioning: CJP Isa

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ISLAMABAD, SEP 30 (DNA) : The Supreme Court of Pakistan (SCP) CJP Qazi Faez Isa-led division bench heard the review petition regarding the interpretation of Article 63-A wherein Justice Muneeb Akhtar — a member of the bench — remained absent from the hearing and did not show up.

Chief Justice Qazi Faez Isa called the attorney general to the rostrum and read aloud a letter from Justice Muneeb Akhtar — who refused to sit on the bench formed by the present committee.

Justice Muneeb clarified in his letter that he was not declining to hear the case but objected to the formation of the bench.

Chief Justice Faiz Isa responded stating that if a bench has already been constituted any member wishing to excuse themselves from the case must do so in open court.

The CJ remarked that they would make efforts to convince Justice Muneeb to join the bench; however, if unsuccessful, a new bench would be formed. He then postponed the hearing until tomorrow, pending Justice Muneeb’s decision.

During the proceedings, PTI leader Barrister Ali Zafar argued that the committee could only form a valid bench when all three members were present and claimed that decisions could not be made if one member was absent.

Chief Justice Faiz Isa disagreed, asserting that such limitations would render the court inactive.

He emphasized that leaving cases to the discretion of a single individual would hinder the functioning of the institution.

The case has been adjourned until tomorrow as efforts are ongoing to bring Justice Muneeb Akhtar back to the bench.

The CJP remarked if Justice Muneeb Akhter declined then the bench may be reconstituted.