SC to hear review plea against verdict on defection clause next week

ISLAMABAD: The Supreme Court is set to take up several significant cases next week, including a review petition challenging its judgment on the defection clause under Article 63-A of the Constitution.

A five-member bench of the apex court, headed by Chief Justice Qazi Faez Isa, will hear the review petition filed by the Supreme Court Bar Association (SCBA) on September 30. The petition seeks a review of the judgment delivered on May 17, 2022, concerning the defection clause under Article 63-A of the Constitution.

Other members of the bench are Justice Munib Akhtar, Justice Amin-ud-Din Khan, Justice Jamal Khan Mandokhail, and Justice Mazhar Alam Khan Miankhel.

On May 17, 2022, a five-member bench of the Supreme Court, headed by former Chief Justice Umer Ata Bandial and comprising Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Jamal Khan Mandokhail, and Justice Mazhar Alam Khan Miankhel, had announced its decision on the presidential reference seeking interpretation of Article 63-A of the Constitution.

The court, by a 3-2 majority, had held that any member voting against the will of the party in favour of another party would have the vote disregarded. Additionally, the matter of determining the disqualification of the dissident member would be referred to parliament.

The judgment was authored by Justice Munib Akhtar. Subsequently, the Supreme Court Bar Association (SCBA) had filed a review petition against the judgment, arguing that the framers of the Constitution intended the disregard of defecting votes to be a temporary measure for ensuring stability during the Constitution’s initial decade. In a related development, the same five-member bench, headed by Chief Justice Qazi Faez Isa, will also announce a reserved judgment on September 30 concerning the formation of eight election tribunals in Punjab to address disputes arising from the February 8 general elections. On September 25, the court had reserved its judgment on the Election Commission of Pakistan’s appeal against the Lahore High Court’s decision to appoint eight election tribunals in Punjab.

Additionally, a three-member bench of the Supreme Court, also headed by Chief Justice Qazi Faez Isa, will resume hearing a contempt case related to commercial activities on Margalla Hills on October 1.