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Article 63-A case: PTI founder’s counsel boycotts SC hearingBreaking

October 03, 2024

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. 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. 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. 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. 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.

Credit: Independent News Pakistan