In a three-page letter to Chief Justice of Pakistan (CJP) Umar Ata Bandial, Justice Isa noted the absence of senior-most judges from the bench and that proper procedural method was not followed while constituting it. Justice Isa said that the lack of senior judges on the bench could lead to unnecessary controversy about the court's eventual opinion.
“After all the adage - justice is not only be done but is also seen to be done - has been oft-repeated by the Supreme Court,” the justice wrote in the letter, shared by Dawn. Justice Isa pointed out that the senior-most judges had not been included on the bench, but judges who are 4th, 8th and 13th on the seniority list had been.
On Monday, Attorney General of Pakistan Khalid Jawed Khan has submitted a presidential reference to the Supreme Court, seeking its opinion on Article 63-A, which governs the disqualification of defecting lawmakers.
The interpretation of Article 63-A has become a lynchpin in the opposition’s vote of no-confidence against the prime minister. Members of the PTI, including Information Minister Fawad Chaudhry, had claimed that dissenting party members should be disqualified from the no-confidence vote against Prime Minister Imran Khan.
The bench hearing the presidential reference is headed by the CJP and includes Justice Ijaz Ul Ahsan, Justice Mazhar Alam Khan Miankhel, Justice Muneeb Akhtar and Justice Jamal Khan Mandokhel.