Recusal of a Judge should not be misconstrued as a Disagreement with the Review Petition --- Supreme Court of Pakistan
Islamabad 07-10-2024: The Supreme Court of Pakistan, in a significant development, reviewed the Presidential Reference No. 1 of 2022 and Constitution Petitions No. 2 and 9 of 2022, filed by the Supreme Court Bar Association of Pakistan (SCBAP) against the Federation of Pakistan. The civil review petition (CRP No. 197/2022) challenges the majority judgment issued earlier this year, raising crucial constitutional questions related to the conduct of Members of Parliament and the jurisdictional boundaries of the Supreme Court.
The hearing was presided over by a newly constituted five-member bench, comprising Chief Justice Qazi Faez Isa, Mr. Justice Amin-ud-Din Khan, Mr. Justice Jamal Khan Mandokhail, Mr. Justice Naeem Akhtar Afghan, and Mr. Justice Mazhar Alam Khan Miankhel. This bench was formed following the recusal of Mr. Justice Munib Akhtar, who had initially authored the majority judgment.
During the proceedings, the President of SCBAP presented [Civil Miscellaneous Application No. 4598 of 2022] seeking condonation of a three-day delay in filing the review petition. The delay was attributed to the non-availability of detailed reasons for the judgment at the time of filing. The Court is yet to decide on whether to condone the delay, considering the procedural complexities involved.
The SCBAP questioned the legal consequences of a Member of Parliament abstaining from voting despite directions from the parliamentary party. Comparative jurisprudence from the United Kingdom, United States, and India has been referenced to understand how similar issues are addressed in other jurisdictions.
The review petition seeks clarity on whether a Presidential Reference under Article 186 and a Constitution Petition under Article 184(3) can be heard together by the Supreme Court, and if so, under what circumstances. This issue pertains to the nature and scope of the Court’s jurisdiction and its ability to render decisions on matters of public importance.
The petition also challenges the impact of the earlier majority judgment on Articles 95 and 136 of the Constitution, which deal with the vote of no confidence against the Prime Minister and Chief Ministers, respectively.
The constitution of the bench underwent changes when Mr. Justice Munib Akhtar, who initially led the majority decision, expressed his inability to be part of the bench for this review. Chief Justice Qazi Faez Isa took his place, while Mr. Justice Naeem Akhtar Afghan was added to complete the five-member bench. The Court noted that Mr. Justice Naeem Akhtar Afghan’s recusal should not be misconstrued as a disagreement with the review petition but rather a procedural adjustment.
The hearing was attended by prominent legal representatives, including Mr. Muhammad Shahzad Shaukat, the current President of SCBAP, along with former SCBAP Presidents Mr. Ahsan Bhoon and Mr. Abid S. Zuberi. The Federation of Pakistan was represented by Ch. Aamir Rehman, Additional Attorney General of Pakistan, while other key political parties, including the Pakistan Peoples Party (PPPP) and Pakistan Tehreek-i-Insaf (PTI), also made representations through their senior advocates.
Given the high-profile nature of the case and its implications for Pakistan’s constitutional law, the Court has allowed interested parties to submit applications to support or oppose the review petition. The case has garnered widespread media attention, and legal experts are closely following the proceedings, which are scheduled to continue on October 2, 2024.
The next hearing will further explore these constitutional questions and provide a comprehensive interpretation of the contested provisions, setting a precedent for future judicial interpretations of parliamentary conduct and the Supreme Court’s jurisdiction.
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