ISLAMABAD: The minutes of meeting of the committee constituted under the Supreme Court (Practice and Procedure) was issued on Tuesday.
According to the minutes issued by the Supreme Court Registrar, the review petition on the apex court judgement delivered in 2022 on defection clause of Article 63A of the Constitution was fixed on Monday, September 30 before a bench comprising Chief Justice Qazi Faez Isa, Justice Munib Akhtar, Justice Amin-ud-Din Khan, Justice Jamal Khan Mandokhail and Justice Mazhar Alam Khan Miankhel.
It was stated that since Justice Munib Akhtar had expressed his inability to attend for reasons mentioned in his letter dated September 30, cases were adjourned and the Registrar was directed to request him to join the bench.
The Registrar complied with the order and conveyed the request on the same day, i.e. Sept 30, to Justice Munib Akhtar. However, he by another letter of the same date, Sept 30 reproduced the stated note of the Registrar and reiterated his earlier position.
It was further stated that the Registrar put up a note of the Justice Munib’s letter before the chief justice on Sept 30, who wrote the following thereon:
“Since Justice Munib Akhtar has not conceded to the request to take his place on the Bench a meeting of the Committee constituted under the Supreme Court (Practice and Procedure) Act, 2023 is convened at 9 am on Tuesday, 1 October 2024 to consider his lordship’s substitute,” said the minutes of the meeting. In this regard Chief Justice Qazi Faez Isa proposed that Justice Syed Mansoor Ali Shah to be on the said Bench. “Members may be accordingly informed immediately. Copy of the said CRP may also be sent to his lordship today.”
It was stated that the meeting of the committee was convened at 9 am on Tuesday and the members waited for Justice Syed Mansoor Ali Shah; however, he did not attend the meeting. Therefore, his SPS Sadaqat Hussain was contacted telephonically and he, after inquiring from Justice Mansoor, stated that he will not be participating nor wants to be a member of the said Bench.
Therefore, the committee decided to appoint the second senior member of the Bench on the Chief Justice’s Bench, namely, Justice Naeem Akhtar Afghan, on the Bench, as he would be available since Bench No 1 work would conclude at 11 am and work of no other Bench will be disturbed.
“During the meeting Justice Naeem Akhtar Afghan was asked about his availability and his lordship informed that he is available.”