ISLAMABAD – Supreme Court of Pakistan started hearings on a review plea against the court’s 2022 ruling on Article 63(A) of the Constitution. This article pertains to lawmakers’ defection from party lines and the implications of voting against party policies.
The bench led by Chief Justice Qazi Faez Isa also includes Justices Amin-ud-Din Khan, Jamal Khan Mandokhail, Mazhar Alam Khan Miankhel, and Naeem Akhtar Afghan, who replaced Justice Munib Akhtar.
The case centers on a previous decision that stated votes from lawmakers who oppose their party’s stance would not be counted, a ruling challenged by the Supreme Court Bar Association (SCBA).
The original 3-2 ruling barred lawmakers from dissenting with party policy during parliamentary votes. Justices Umar Ata Bandial, Ijazul Ahsan, and Munib Akhtar supported this decision, while Justices Mandokhail and Mazhar raised objections.
In its review plea, the SCBA argues that the ruling is unconstitutional and infringes on legislative rights. During the hearing, PTI lawyer Barrister Ali Zafar expressed concerns over the formation of the current bench, asserting that it did not comply with legal requirements. He pointed out that a three-member committee should establish a bench and noted the absence of Justice Mansoor Ali Shah from this process.
Chief Justice Isa clarified that the bench was constituted out of necessity and the court unanimously rejected the objections raised by Zafar. Additionally, Zafar requested permission to meet with jailed PTI founder Imran Khan to discuss the case, which the court granted, instructing the attorney general to facilitate the meeting.
As the hearings continue, the implications of this case could significantly impact lawmakers’ voting rights and party loyalty in Pakistan’s political landscape.
