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Justice Munib AkhtAr declAres sc ruling 'illegAl' in Article 63-A review cAse Tuesday, 1 October, 2024 I | 26 Rabi ul Awwal, 1446
Justice Akhtar says he could not be part of bench formed under Practice and Procedure Ordinance
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ISLAMABAD
STAFF REPORT
IFFERENCES within the Supreme Court have intensified as a second letter from Justice Munib Akhtar surfaced within 12 hours, questioning the legality of the four-judge bench’s proceedings in the Article 63-A review case. In his latest letter to the Supreme Court Registrar, Justice Akhtar raised concerns about the composition of the bench, stating that a five-member larger bench was required to hear the case. “A fourmember bench cannot sit to review the Article 63-A case,” Justice Akhtar wrote. He further noted that although the order from today’s hearing included his name, he had not signed it. “The four judges on the bench are honourable, but
today’s proceedings are not in accordance with the law or court rules,” he said. “I want to register my protest against today’s order, which is not a judicial one and has no legal standing.” On the other hand, Chief Justice Qazi Faez Isa has convened an important meeting of the Judges’ Practice and Procedure Committee for tomorrow at 9am. Sources suggest that another judge may be inducted to replace Justice Akhtar in the Article 63-A review case. Earlier, Justice Akhtar had objected to the formation of benches and the judges’ committee. Justice Mansoor Ali Shah had also previously raised concerns about the amended ordinance under which the judges’ committee was formed. Justice Munib Akhtar also skipped a hearing on a petition seeking a review of the 2022 verdict on the defection clause under Article 63-A of the Constitution.
PTI raises objections to bench formation in SC’s article 63-A review case
ISLAMABAD: Pakistan Tehreek-eInsaf (PTI) has raised formal objections regarding the constitution of the Supreme Court bench hearing the review case on the interpretation of Article 63-A. A petition was filed by PTI’s lawyer Barrister Ali Zafar challenging the bench’s formation. In the petition, Zafar argued that the bench was not constituted in accordance with Section 2 of the Act under the Presidential Ordinance, which requires the Judges’ Committee to consist of three members. According to the law, a minimum of three judges is necessary to decide on the composition of the bench.
The petition further stated that the bench can only be constituted through the collective wisdom of three judges. However, the application pointed out that only two judges, instead of the required three, were present at the committee meeting on September 23, as Justice Mansoor did not attend. As a result, the petition contends that the decision made by two judges cannot be considered valid under the law, rendering the formation of the bench improper. During the proceedings, Chief Justice Qazi Faez Isa responded to the objections raised by Barrister Ali Zafar, stating, “I do not agree with you. STAFF REPORT
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CJP Isa says he would ask Justice Akhtar to be part of the bench being author judge
The review plea, filed by the Supreme Court Bar Association (SCBA), was set to be taken up by a five-member larger bench at 11:30am on Monday. Headed by Chief Justice of Pakistan (CJP) Qazi Faez Isa, the bench was supposed to comprise Justices Akhtar, Aminuddin Khan, Jamal Khan Mandokhail and Mazhar Alam Khan Miankhel. 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 authority to select any judge as the committee’s third member. In a letter, Justice Mansoor Ali Shah, a member of the three-judge committee, had announced boycotting the panel over “unfettered and arbitrary discretion” vested in CJP’s role, while protesting
Justice Akhtar’s removal. In response to Justice Shah, CJP Isa listed several reasons for Justice Akhtar’s removal from the committee, including his alleged indifference to a piling backlog of cases. On Monday, all judges except Justice Akhtar appeared in the courtroom. Justice Isa noted that the judge had penned him a letter stating “I cannot be a part of this bench”. In his letter, Justice Akhtar stated that he could not be a part of the bench formed by the committee under the Practice and Procedure Ordinance. The chief justice said Justice Akhtar was present at the apex court, and adjourned the hearing till Tuesday, saying he would ask the judge to be a part of the bench as the review petition ought to be heard by a five-member bench as per the original case.
Imran Khan unveils schedule of ‘pro-judiciary’ protests
ISLAMABAD: Pakistan Tehreek-eInsaf (PTI) founder and former prime minister Imran Khan has announced a series of protests in support of the judiciary, beginning in Mianwali, Faisalabad, and Bahawalpur on October 2. Addressing his supporters through a statement issued from Adiala Jail on Monday, Khan said, “We will protest at Minare-Pakistan in Lahore on October 5, and on October 4, Friday, we will gather at DChowk [in Islamabad].” Khan warned of attempts to “crush PTI” through the socalled “London Plan,” adding that his arrest was part of the broader scheme. “They want to break me in jail, but I am not afraid, and
neither should the people be,” he remarked. He emphasised that PTI’s protests would remain peaceful, stating, “We have always protested peacefully, but this system has failed to protect us.” Khan also highlighted the treatment of women within the party, mentioning, “Our women are languishing in jails. An 80-year-old woman was charged, yet no one cared.” Khan voiced support for Khyber-Pakhtunkhwa Chief Minister Ali Amin Gandapur, who has led a march towards Islamabad, stating that Gandapur “awakened the province’s people” and echoed his call for revolution. STAFF REPORT
govt reduces petrol and diesel prices amid ongoing relief efforts g
Petrol price falls by Rs2.07; high speed diesel drops by Rs3.40, providing relief for consumers PROFIT
NEWS DESK
The federal government announced a reduction in fuel prices on Monday, cutting petrol by Rs2.07 per litre and high-speed diesel (HSD) by Rs3.40 per litre for the upcoming fortnight. In a statement released by state broadcaster PTV, officials emphasized their commitment to easing the financial burden on citizens, noting, “The price of petroleum products has decreased once again.” The new petrol price is set at Rs247.03, while HSD will now cost Rs246.29. Additionally, the government reduced the price of kerosene oil by Rs3.57 to Rs154.90 and light diesel oil by Rs1.03 to Rs140.90. These recent cuts follow a previous announcement on September 15, when the government lowered petrol prices by Rs10 per litre and HSD by Rs13.06 per litre. Currently, the government imposes approximately Rs76 per litre in taxes on both petrol and HSD. Although the general sales tax on petroleum products is zero, a petroleum development levy of Rs60 per litre remains, impacting consumers significantly.