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Under the Supreme Court of Pakistan (Practice and Procedure) Act, 2023, it is now Permissible to Engage Alternative Counsel in Review Petitions --- Supreme Court of Pakistan

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Under the Supreme Court of Pakistan (Practice and Procedure) Act, 2023, it is now Permissible to Engage Alternative Counsel in Review Petitions --- Supreme Court of Pakistan

Islamabad 12-10-2024: The Supreme Court of Pakistan, led by Mr. Chief Justice Qazi Faez Isa, along with Mr. Justice Muhammad Ali Mazhar and Ms. Justice Musarrat Hilali, granted a one-time adjournment to Pakistan Tehreek-i-Insaf (PTI) in its ongoing review petition against the Election Commission of Pakistan (ECP). The review petition challenges the Court’s previous short order dated 13 January 2024 and the subsequent detailed reasons issued on 25 January 2024.

The case, [Civil Review Petition No. 14 of 2024], was filed by PTI to seek a review of the Supreme Court of Pakistan earlier decision involving the Election Commission of Pakistan. During the hearing on 11 October 2024, PTI’s legal team filed an adjournment application through Mr. Anis Muhammad Shahzad, Advocate-on-Record (AOR), citing the unavailability of Senior Advocate Mr. Hamid Khan due to a “pressing family engagement” in Lahore. However, the application did not disclose specific details regarding the nature of the family engagement, and neither the AOR nor any alternative counsel was present in the Courtroom.

The Court expressed its concern over the lack of disclosure regarding the nature of the family engagement and the absence of the AOR at the hearing. In its remarks, the Bench emphasized that the mere filing of an adjournment application does not automatically entitle a party to have their case postponed.

The Court highlighted that PTI had multiple senior advocates on its legal team, including Syed Ali Zafar, Gohar Ali Khan, Ajmal Ghaffar Toor, and others, any of whom could have represented the party in the absence of Mr. Hamid Khan. Under the recently enacted Section 6 of the Supreme Court of Pakistan (Practice and Procedure) Act, 2023, it is now permissible to engage alternative counsel in review petitions, a provision that was not available before.

While the Court expressed reluctance in granting the adjournment, it allowed the request as a one-time indulgence “in the interest of justice.” However, the Bench made it clear that no further requests for adjournment would be entertained. The case has been adjourned to 21 October 2024.

“The case will proceed on the next date, and no further delays will be accepted,” the Court warned.

The adjournment was also necessitated by the fact that two members of the Bench would not be available in Islamabad in the following week. The Court’s order has been communicated to all involved advocates, AORs, and the review petitioners, ensuring all parties are adequately informed to proceed without further delay.

The Supreme Court of Pakistan has reiterated the importance of maintaining judicial efficiency and warned against unnecessary delays in ongoing cases. The adjournment granted in PTI’s review petition serves as a reminder of the duty of counsel to ensure representation and the Court’s discretion in managing its docket.

The next hearing is scheduled for Monday, 21 October 2024, where the Bench expects no further requests for adjournment, signaling the Court’s intent to move forward with the case without further disruptions.