Justice Munib Akhtar on Monday was notably absent from the hearing of a petition seeking a review of the 2022 ruling on the defection clause under Article 63A of the Constitution, sparking further speculation about divisions among the Supreme Court justices.
As the hearing commenced, the five-member bench—comprising Chief Justice of Pakistan (CJP) Qazi Faez Isa, Justices Aminuddin Khan, Jamal Khan Mandokhail, and Mazhar Alam Khan Miankhel—proceeded without Justice Akhtar. The CJP adjourned the hearing until Tuesday, stating that he would request Justice Akhtar to rejoin the bench, as the review petition must be heard by the full five-member panel, in line with the original case.
Justice Akhtar’s absence follows his removal from the three-judge committee established under the Supreme Court (Practice and Procedure) Act 2023, after an amendment ordinance granted the CJP authority to appoint any judge as the third member of the committee.
In 2022, the Supreme Court had ruled that lawmakers could not vote against their party’s policy, declaring that votes from dissident legislators would not be counted. This decision, delivered in response to a presidential reference seeking an interpretation of Article 63A, stated that the article could not be interpreted in isolation.
The verdict was a split 3-2 decision, with the majority ruling that lawmakers could not vote against their party line in four key scenarios: the election of a prime minister or chief minister, a vote of confidence or no-confidence, a constitutional amendment bill, and a money bill.
