ISLAMABAD: Pakistan Tehreek-e-Insaf (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. If this happens, then this court will become inactive.”
He emphasized that not all cases can be left to the discretion of a single person, countering PTI’s claims.
Barrister Ali Zafar maintained that the Practice and Procedure Committee can only form a bench when all three members are present. Chief Justice Isa, however, rejected this interpretation, arguing that restricting the court’s ability to function due to the absence of one judge would hinder the Supreme Court’s operations.
