Interpretation of Article 63A: 5-member larger bench constituted

23 Mar, 2022

ISLAMABAD: Chief Justice of Pakistan Umar Ata Bandial on Tuesday constituted a five-member larger bench for hearing of the Presidential Reference on the interpretation of Article 63A of the Constitution.

The bench, comprising Chief Justice Umar Ata Bandial, Justice Ijazul Ahsan, Justice Mazhar Alam Khan Miankhel, Justice Muneeb Akhtar, and Justice Jamal Khan Mandokhel, would commence hearing from tomorrow (Thursday). President Dr Arif Alvi on Monday had filed the reference under Article 186 of the Constitution through Attorney General for Pakistan (AGP) Khalid Jawed Khan to obtain the opinion of the Supreme Court on questions of law of public importance.

The Court has been prayed to answer the questions of law, so as to purify and strengthen the democratic process worthy of people’s respect and trust and forever eradicate the menace of defections. Four questions of law have been framed in the Reference.

The SC written order stated that the two matters (SCBA petition and Reference) would be heard together. “For this purpose notice is issued to the petitioner SCBA. Notices are also issued in relation to the Reference to the political parties, who are before us in terms of our previous order”.

Article 63-A: SC decides to form larger bench

A special bench of the apex court - comprising CJP Umar Ata Bandial and Justice Munib Akhtar on March 21 heard the Supreme Court Bar Association (SCBA)’s petition, seeking direction to all state functionaries to act strictly in accordance with the Constitution and the law considering the no-trust vote against the premier.

SCBA President Muhammad Ahsan Bhoon had filed the petition regarding “restraining political parties from holding public meetings in Islamabad before voting on the no-confidence motion”.

The petition prayed on the apex court to direct the National Assembly speaker to carry out the process of no-confidence motion according to the Constitution and further requested the SC to prevent state agencies from arresting or detaining MNAs and to stop public gatherings in the federal capital, which prevented the assembly members from reaching the Parliament.

Copyright Business Recorder, 2022

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