Imran Khan’s counsel boycotts Supreme Court hearing over Article 63-A

ISLAMABAD: Imran Khan’s counsel, Barrister Ali Zafar, boycotted the Supreme Court’s five-member bench hearing regarding Article 63-A of the constitution, citing objections to the bench’s composition.

The new bench, headed by Chief Justice Qazi Faez Isa, was formed after Justice Munib Akhtar recused himself.

At the hearing, Chief Justice Isa asked Zafar if he had any objections to the court appointing him as an amicus curiae. Zafar expressed no objections but stated that the bench’s composition was incorrect, as instructed by Imran Khan.

This led to a heated exchange between Zafar and the Chief Justice, with Zafar insisting that Khan should be allowed to speak. Zafar argued that the government’s constitutional amendments would allow horse trading, which Article 63-A aimed to prevent.

Chief Justice Isa warned Zafar of contempt proceedings, emphasizing the need for mutual respect. Zafar reiterated his stance, stating that he was following Khan’s instructions and would not proceed with the case.

The Chief Justice questioned why Zafar repeatedly mentioned Khan’s name, reminding him that everyone is equal in the eyes of the law.

The Supreme Court Bar filed a petition in 2022 seeking review of the court’s opinion on Article 63-A, arguing that not counting defecting members’ votes goes against the constitution’s spirit.

The federal government and election commission are parties to the case. The Supreme Court previously ruled that defecting members’ votes would not be counted in Parliament, citing the damage caused by changing loyalties in democracy.