The Supreme Court of Pakistan has unanimously accepted a review petition concerning its interpretation of Article 63-A of the Constitution and has withdrawn its previous ruling regarding the article.
In today’s ruling, the court said, “We set aside the 2022 majority judgment regarding Article 63-A.
The hearing began with Ali Zafar, the lawyer representing Imran Khan, founder of the Pakistan Tehreek-e-Insaf (PTI), expressing concern that the current government wants to change the constitution and fear that the court might allow unfair deals during this process.
A five-member bench led by Chief Justice Qazi Faez Isa, along with Justices Aminuddin Khan, Jamal Khan Mandokhel, Naeem Akhtar Afghan, and Mazhar Alam Miankhel, is overseeing the review case.
During the initial proceedings, Barrister Zafar requested permission for Imran Khan to address the court personally via video link.
When the Chief Justice urged him to begin his arguments, Zafar insisted that Khan’s address should precede his legal arguments.
Zafar noted that Imran Khan had objections to the bench’s composition and stated that if Khan could not appear via video link, he would not participate in the hearing.
The Chief Justice reminded him that as an officer of the court, he must adhere to legal protocols.
Justice Jamal Mandokhel, emphasizing the court’s role, pointed out that lawyers should act according to the law rather than merely follow their clients’ demands.
As tensions escalated, Ali Zafar announced that the PTI would boycott the proceedings, citing that Khan believes the bench’s composition is flawed.
Zafar raised concerns about potential horse-trading as the government prepares to introduce constitutional amendments.
In response, Chief Justice Isa cautioned him about making inflammatory statements, reminding Zafar to maintain respect for the court.
“You are making a very loaded statement by mentioning horse-trading. If we tell you what horse-trading is, you’ll be embarrassed,” the Chief Justice stated.
During the legal debate, Ali Zafar reiterated that the previous Article 63-A ruling aimed to prevent horse-trading. Justice Mandokhel clarified that the court had provided an opinion on Article 63A, not a definitive ruling.
The Chief Justice appointed Ali Zafar as a judicial assistant to facilitate the proceedings, despite Zafar’s objections about the bench’s legality.
Zafar then reiterated that the government was attempting constitutional amendments, asserting that Khan’s absence would hinder meaningful progress in the case.
The Chief Justice reminded the counsel that everyone must abide by constitutional decisions, regardless of personal views.
Justice Mandokhel questioned how a single judge could determine whether a member had defected, emphasizing that such authority lies with the parliamentary party leader.
As the hearing continued, the Chief Justice noted the importance of democratic principles, stating, “Judges are not elected; they must remain within their jurisdiction.”
The court highlighted the necessity of addressing the issue collectively, urging political parties to engage in dialogue to resolve conflicts rather than relying on judicial intervention.
In closing remarks, the Chief Justice encouraged political leaders to set aside differences and work together for the betterment of the political landscape in Pakistan.
