In response to the retirement of Supreme Court Justice Sardar Tariq Masood, the appointment of Justice Munib Akhtar to the three-judge committee under Section 2 of the Supreme Court Practice and Procedure Act 202 is seen as a significant development by legal experts. This committee plays a crucial role in forming benches and handling cases filed under Article 184 (3) of the Constitution.
The inclusion of Justice Munib Akhtar gains particular significance amid Pakistan Tehreek-e-Insaf’s (PTI) plans to approach the apex court regarding alleged electoral rigging. Additionally, the committee will address the formation of a new, larger bench to hear the government’s intra-court appeals against the judgment declaring trials of civilians in military courts as unconstitutional. The composition of this bench holds importance in handling politically sensitive cases.
Yasir Qureshi, a lecturer in South Asian Studies at Oxford University, views Justice Munib Akhtar’s presence on the committee as a positive development, citing that it aligns with the committee’s purpose to limit the Chief Justice’s discretion in bench formation.
Advocate Abdul Moiz Jaferii expressed optimism that Justice Munib Akhtar’s inclusion will disrupt the current trend of “one-way traffic” in judicial matters. He believes Justice Munib Akhtar will provide a stronger dissenting voice when necessary.
It’s worth noting that Justice Munib Akhtar has been part of special/larger benches during ex-CJP Umar Ata Bandial’s tenure and has stood firm on certain judicial stances despite opposition. His membership in the committee and the Supreme Judicial Council adds an intriguing dynamic to judicial proceedings.
With Justice Munib Akhtar’s inclusion, the opinion of Justice Syed Mansoor Ali Shah becomes crucial in the committee, led by CJP Isa. Decisions in the committee are made by a majority vote.
The impending swearing-in ceremony of Justice Naeem Akhtar Afghan as a Supreme Court judge is expected to bolster the position of CJP Isa, who currently faces two vacant seats in the Supreme Court.
Amidst these developments, legal bodies continue to advocate for amendments to the Judicial Commission of Pakistan (JCP) rules, emphasizing the need for timely action on proposed amendments.
