Article 63-A case: Imran Khan's counsel boycotts SC hearing

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2024-10-03T15:02:00+05:00

Imran Khan’s legal counsel, Barrister Ali Zafar, has boycotted the Supreme Court's five-member bench hearing the review petition regarding the interpretation of Article 63-A of the Constitution. The bench, led by Chief Justice of Pakistan (CJP) Qazi Faez Isa, includes Justices Ameenuddin, Jamal Mandokhel, Mazhar Alam Miankhail, and Naeem Afghan. This new bench was formed after Justice Munib Akhtar recused himself from the proceedings.

As the hearing began, CJP Isa inquired whether Zafar would object if the court appointed him as an amicus curiae. Zafar responded that while he had no objection to the court’s order, he believed the composition of the bench was flawed. He stated that he was instructed by PTI founder Imran Khan not to proceed with the case before this bench.

CJP Isa reminded Zafar, a senior lawyer and former bar president, of his duties as an officer of the court and advised against making such remarks. This led to a heated exchange between the two, with Zafar insisting that he would not move forward unless Imran Khan was allowed to speak. Zafar also raised concerns that the Supreme Court's decision in the case could open the door to horse trading, which Article 63-A was designed to prevent.

CJP Isa cautioned Zafar against making bold claims and urged him to respect the court. The Chief Justice emphasized that the country needed to move forward, asking why Zafar was afraid of a single decision.

Zafar, reiterating his loyalty to Imran Khan’s instructions, refused to participate in the proceedings, prompting CJP Isa to question the repeated mentions of Khan, reminding Zafar that all citizens are equal before the law.

A day earlier, tensions flared in the Supreme Court when PTI representative Mustafin Kazmi was ejected from the courtroom after a verbal altercation with the Chief Justice, who directed the police to remove him.

Imran Khan’s legal counsel, Barrister Ali Zafar, has boycotted the Supreme Court's five-member bench hearing the review petition regarding the interpretation of Article 63-A of the Constitution. The bench, led by Chief Justice of Pakistan (CJP) Qazi Faez Isa, includes Justices Ameenuddin, Jamal Mandokhel, Mazhar Alam Miankhail, and Naeem Afghan. This new bench was formed after Justice Munib Akhtar recused himself from the proceedings.

As the hearing began, CJP Isa inquired whether Zafar would object if the court appointed him as an amicus curiae. Zafar responded that while he had no objection to the court’s order, he believed the composition of the bench was flawed. He stated that he was instructed by PTI founder Imran Khan not to proceed with the case before this bench.

CJP Isa reminded Zafar, a senior lawyer and former bar president, of his duties as an officer of the court and advised against making such remarks. This led to a heated exchange between the two, with Zafar insisting that he would not move forward unless Imran Khan was allowed to speak. Zafar also raised concerns that the Supreme Court's decision in the case could open the door to horse trading, which Article 63-A was designed to prevent.

CJP Isa cautioned Zafar against making bold claims and urged him to respect the court. The Chief Justice emphasized that the country needed to move forward, asking why Zafar was afraid of a single decision.

Zafar, reiterating his loyalty to Imran Khan’s instructions, refused to participate in the proceedings, prompting CJP Isa to question the repeated mentions of Khan, reminding Zafar that all citizens are equal before the law.

A day earlier, tensions flared in the Supreme Court when PTI representative Mustafin Kazmi was ejected from the courtroom after a verbal altercation with the Chief Justice, who directed the police to remove him.

What is Article 63-A?

Article 63-A of Pakistan’s Constitution outlines the consequences for parliamentarians who defect from their political party. It applies in three key instances:

Election of the prime minister or chief minister
Vote of confidence or no-confidence
Voting on a money bill or constitutional amendment bill

If a party leader believes a lawmaker has defected, they can submit a written declaration to the Speaker, who will forward it to the Chief Election Commissioner (CEC). The CEC has 30 days to confirm the declaration, after which the lawmaker's seat is declared vacant.

Article 63-A of Pakistan’s Constitution outlines the consequences for parliamentarians who defect from their political party. It applies in three key instances:

Election of the prime minister or chief minister
Vote of confidence or no-confidence
Voting on a money bill or constitutional amendment bill
If a party leader believes a lawmaker has defected, they can submit a written declaration to the Speaker, who will forward it to the Chief Election Commissioner (CEC). The CEC has 30 days to confirm the declaration, after which the lawmaker's seat is declared vacant.

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