Article 63-A case: PTI founder's counsel boycotts SC hearing

ISLAMABAD: Pakistan Tehreek-e-Insaf (PTI) Founder Imran Khan’s counsel Barrister Ali Zafar boycott the Supreme Court (SC) five-member bench hearing of the review petition challenging the interpretation of the Article 63-A of the constitution, ARY News reported.

A five-member new bench headed by Chief Justice of Pakistan Qazi Faez Isa, comprising Justice Ameenuddin, Jamal Mandokhel, Mazhar Alam Miankhail, and Justice Naeem Afghan heard the case. The formation of the new bench came after Justice Munib Akhtar recused himself from the proceedings.

As the SC proceeding started, CJP Isa asked Barrister Ali Zafar if he had any objection if the top court appoint him as an amicus curiae.

“I have no objections to the court’s order, but the composition of this bench is not correct,” Zafar said.

He further stated that the Imran Khan had instructed him not to proceed with the case before this bench. Chief Justice Qazi Faez Isa reminded Zafar that as a senior lawyer and former bar president, he was an officer of the court and should not be making such comments.

The hearing saw a heated exchange between Zafar and the Chief Justice, with Zafar insisting that he would not proceed with the case if the PTI founder was not allowed to speak.

Zafar said that the government is making constitutional amendments, and it is believed that the verdict of this case by Supreme Court will allow horse trading.

However, Chief Justice Pakistan warned of contempt proceedings against Zafar, saying “you are making a huge statement” and should maintain the mutual respect as he is senior lawyer and court officer.

Ali Zafar argued that the decision under Article 63-A restricts horse trading, but now everything will be open again. Chief Justice Pakistan questioned why they are afraid of one decision and urged them to let the country move forward.

READ: Justice Munib withdraws from SC bench hearing Article 63-A review plea

Ali Zafar reiterated that he is following the instructions of Imran Khan and that they will not be part of this court proceeding.

Chief Justice Pakistan asked why Ali Zafar is repeatedly mentioning the same name and reminded him that everyone is equal in the eyes of the law.

Yesterday, a heated scene unfolded in the Supreme Court of Pakistan when Mustafin Kazmi — a PTI representative — was ordered to leave the courtroom by the Chief Justice after tensions escalated.

“Call the police and get this guy out,” the CJP directed following a verbal exchange with Kazmi.

SCBA review petition

In 2022, the Supreme Court Bar filed petition in the apex court seeking review of the court’s opinion in the Presidential Reference seeking interpretation of Article 63-A.

The Bar requested to the court to review the paragraph of its opinion in the presidential reference, with regard to not counting the vote of the dissenting members and take back that opinion. ” Not counting the defecting members vote is against the spirit of the constitution,” the SC Bar petitioned. “The Supreme Court’s opinion has been equal to an intervention in the constitution,” according to the petition.

“According to the Article 63-A, defecting members can only be de-seated,” SC Bar said in its petition.

The federal government and the election commission has been made parties in the case.

The Supreme Court in its interpretation of Article 63-A, on May 17, declared that defecting members votes will not be counted in the Parliament.

It was a split decision with 3-2 majority, made by five-member bench of the apex court headed by the then Chief Justice Umar Ata Bandial. The Chief Justice said that changing loyalties in the parliament damages the integrity of democracy.

What is Article 63-A?

Article 63-A in Pakistan’s Constitution deals with the consequences for parliamentarians who defect from their political parties.

If a lawmaker votes or abstains from voting against their party’s directions in three key instances;

Election of the prime minister or chief minister
Vote of confidence or a vote of no-confidence
Money bill or a Constitution (amendment) bill

If a party chief believes a lawmaker has defected, they must provide a written declaration to the speaker, who then forwards it to the chief election commissioner (CEC). The CEC has 30 days to confirm the declaration, after which the lawmaker’s seat will become vacant.