Islamabad, September 30, 2024– In a significant development, Justice Munib Akhtar of the Supreme Court has expressed serious constitutional concerns regarding the upcoming hearing of the case CRP 197/2022, involving the Supreme Court Bar Association of Pakistan against the Federation of Pakistan. The hearing is scheduled before a five-member bench that was recently formed under contentious circumstances.
In a note addressed to the Registrar, Justice Akhtar highlighted that the formation of the bench, which was established by a committee on September 23, 2024, appears to have been prompted by a sudden inclusion on the committee’s agenda during a meeting held in July. Notably, the Chief Justice, who has taken command of the case, had initially proposed a five-member bench led by the senior puisne judge, a proposal that has since been abandoned.
Justice Akhtar criticized the Chief Justice’s response to his constitutional concerns as lacking engagement, describing it as “part smear campaign and part self-adulation.” This exchange has raised eyebrows in the legal community, given the gravity of the constitutional issues at stake.
Adding to the complexity, the bench includes Justice (R) Mazhar Alam Miankhel, currently serving as an ad hoc judge, who was part of the majority judgment now under review. Justice Akhtar indicated that Justice Miankhel’s inclusion may conflict with Article 182 of the Constitution, as it is common for review petitions to be heard by judges who did not participate in the original ruling.
Citing these factors, Justice Akhtar has stated his inability to participate in the bench, clarifying that this is not a recusal but rather a reflection of the circumstances surrounding the case.
As the legal community closely monitors the situation, Justice Akhtar’s note has been directed to be placed on record, potentially setting the stage for a significant constitutional discourse in the Supreme Court.
