SC to take up review pleas against Article 63-A judgment

ISLAMABAD: The Supreme Court (SC) will take up two important cases including review petition against the judgment on the interpretation of Article 63-A of the constitution, the matter of audio leaks of Bushra Bibi, spouse of former prime minister Imran Khan as well as son of former Chief Justice of Pakistan Justice Mian Saqib Nisar.

On August 19, a two-member bench of the apex court comprising Justice Aminuddin Khan and Justice Naeem Akhtar Afghan had admitted for regular hearing, the appeals of federal government as well as the Pakistan Telecommunication Authority (PTA) after suspending the order of Islamabad High Court (IHC) passed on June 25 besides restraining it from further proceeding with the matter.

The court had restrained the IHC from further proceeding with the matter of audio leaks of Bushra Bibi as well as son of former Chief Justice of Pakistan Justice Mian Saqib Nisar. The court had declared that there was no need to suspend the IHC’s May 29 order as the order restraining the agencies concerned from further investigation was pending and the High Court did not extend the May 29 order.

During the course of hearing, Justice Aminuddin Khan remarked that the Islamabad High Court also issued orders that were not requested. Similarly, Justice Naeem Akhtar Afghan had observed that unfortunately nobody in this country was neither ready to ascertain the truth nor was reaching to it as well.

Even the Commission set up by the government for investigating the issue of audio leaks was not allowed to work after moving an application at the initial stage”, the judge had remarked adding that the same happened with the Parliamentary Committee therefore, neither was the Parliament nor was the court allowed to function.

Justice Naeem Akhtar Afghan questioned as to how the truth would be reached, if there was no investigation into the matter. Later, the court adjourned the hearing for date-in-office (Indefinite period).

Similarly, in the year 2022, a five-member bench of the apex court headed by former Chief Justice Umer Ata Bandial had announced the decision on the Presidential Reference seeking interpretation of Article 63-A of the Constitution.

The court by a majority of 3-2 while deciding the Presidential Reference held that any member against the will of any party could cast his vote in favor of another party and his vote would not be counted besides the matter would be sent to Parliament pertaining to determination of disqualification of the said dissident party member.

A five-member bench of the apex court headed by Chief Justice Qazi Faez Isa and comprising Justice Muneeb Akhtar, Justice Aminuddin Khan, Justice Jamal Khan Mandokhel and Justice Mazhar Alam Miankhel will take up the review petition on September 30 against the verdict on the interpretation of Article 63-A of the constitution.