ISLAMABAD: To resolve cases, create benches, issue court rosters, and determine the weekly caseload for its newly formed constitutional bench, the Supreme Court has formed a three-judge committee.
The committee is made up of Justice Muhammad Ali Mazhar, Justice Jamal Khan Mandokhail, and Justice Aminud Din Khan, who is the head of the constitutional bench, according to the minutes of a meeting held on November 6 that were made public on Monday.
Supreme Court Registrar Muhammad Salim Khan, Additional Registrar Judiciary Nazar Abbass, Senior Research Officer Mazhar Ali Khan, Institution Officer Nazeer Ahmed, and judicial assistants Abdul Rehman and Mubashir Ahmad attended the discussion, which took place in Justice Amin’s chambers. The purpose of the gathering was to determine procedures for the quick operation of constitutional benches.
By a vote of seven to five, the Judicial Commission of Pakistan (JCP) elected Justice Amin to lead the constitutional bench on November 5 during its inaugural session.
Until a constitutional bench is established, Justice Shah doubts the function of normal benches.
The reformed JCP established a seven-member constitutional bench, which was presided over by Chief Justice of Pakistan (CJP) Justice Yahya Afridi. Justices Aminud Din Khan, Jamal Khan Mandokhail, Muhammad Ali Mazhar, Ayesha A. Malik, Hassan Azhar Rizvi, Musarrat Hilali, and Naeem Akhtar Afghan were among the members.
According to the minutes, a committee made up of the most senior judge from the constitutional benches and the next two most senior judges from among those nominated under clause 1 will form the bench consisting of at least five judges in cases pertaining to appeals involving Clause 4 of Article 191A of the Constitution.
The minutes also stated that after Justice Mandokhail returns from his trip overseas, a follow-up meeting will be planned.
A briefing on ongoing matters under Articles 184(1), 184(3), and 186, including human rights cases, was given to Justice Aminud Din Khan during the meeting. A suggested plan for future operations was also provided, along with an analysis of the current protocols for managing constitutional petitions.
Senior Research Officer Mazhar Ali Khan was assigned to look into instances pertaining to Article 199, and the committee decided on a color-coding scheme for situations falling under Article 191A.
Bench creation is praised by SCBA.
Mian Muhammad Rauf Atta, the recently elected president of the Supreme Court Bar Association, praised the establishment of the seven-member constitutional court, pointing out that the 26th Amendment required it.
In order to improve the Supreme Court’s overall effectiveness and clear the substantial backlog of constitutional cases, he expressed hope that the bench will soon begin work.
He also praised the CJP’s recent efforts to improve case management, stating that they are necessary and timely. These efforts include a monthly cause list, timely scheduling of urgent hearings, and resolving case backlog difficulties.
“Benches that are not constitutional”
On Monday, while overseeing a three-judge panel on a tax case, Justice Syed Mansoor Ali Shah questioned the function of “non-constitutional benches” given that there had not yet been a constitutional bench established.
“Until the constitutional bench convenes, are we unconstitutional?” When Justice Ayesha A. Malik noted during the hearing that the constitutional bench would consider the case at hand because the current bench was hearing routine cases, Justice Shah was perplexed.
Justice Shah noted, “It means that constitutional cases will not be heard until the constitutional bench sits.”
Justice Shah remarked, “Even if we hear this case, no one can question us.” He recalled that the topic of whether the case would be considered by a regular bench or a constitutional court had come up again and time again.
Even if a regular bench made the decision, he pondered what would happen.
“Who will stop us if we make our own decisions?” Insisting that “if a review comes to us, we will say we have jurisdiction,” Justice Shah made the observation.
Later on, though, the lawsuit was postponed indefinitely.
