Notable judgements and cases
Article 63-A case: Justice Aminuddin was part of a five-member bench, headed by then-chief justice Isa, that
unanimously accepted in October last year a review petition against the Supreme Court’s 2022 verdict related to the defection clause under Article 63-A of the Constitution.
Through its
May 17, 2022 verdict, the court had declared that votes cast contrary to the parliamentary party lines in four instances outlined in Article 63-A should not be counted.
However, the October ruling by the five-member bench meant that in any future legislation, the ballots of lawmakers who vote against party policy would be counted in four instances, namely the election of the prime minister and the chief minister; a vote of confidence or no-confidence; a Constitution amendment bill; and a money bill.
Military trials of civilians case:
In May, the Supreme Court’s Constitutional Bench, headed by Justice Aminuddin,
restored key provisions of the Pakistan Army Act (PAA), allowing for the trial of civilians in military courts and overturning the Supreme Court’s
earlier decision. Justice Aminuddin had announced the
10-page short order of the majority ruling.
The majority judgment explained that Sections 2(1d)(i) and (ii) — which pertain to trying individuals not subject to the Army Act — could not be declared ultra vires on the anvil or bedrock of Article 8(5) of the Constitution, which states that the fundamental rights will not be suspended except as expressly provided by the Constitution.
“Thus, it does not control the rigors of Article 8(3),” the majority judgement explained, adding that no question with regard to the suspension of any fundamental rights was involved within the sphere of influence or realm of Article 233 of the Constitution.
