The Supreme Court issued a written order on Monday in the Article 63-A review case, instructing the registrar to present the order to Justice Munib Akhtar. The court directed that the registrar should formally request Justice Akhtar to rejoin the bench. If Justice Akhtar declines, the judges’ committee will assign a new judge to the bench.
The written order highlights that Justice Akhtar chaired bench No. 3 and was present with other judges in the tea room. It also includes a letter from Justice Akhtar to the registrar, where he clarified that while he cannot participate in the bench, his decision should not be viewed as a “recusal” from the case.
The order instructs the registrar to submit the directive to Justice Akhtar, and if he declines, the committee will appoint another judge. It also includes space for the signatures of the Chief Justice of Pakistan (CJP) and four other judges, with Justice Akhtar listed among them. The potential implications of Justice Akhtar refusing to sign the order remain uncertain.
The court’s order reads: “We direct the registrar to present this order to his lordship [Justice Akhtar] with a request to rejoin the bench. If his lordship declines, the committee under section 2 of the Supreme Court (Practice and Procedure) Act, 2023, must appoint another judge in his place.”
If Justice Akhtar does not reconsider, the bench will continue its proceedings, and the judges’ committee will eventually appoint a new judge, forming a new bench.
