In the meeting for the formation of constitutional benches in the Supreme Court of Pakistan, decisions were taken to color-code the cases under Article 191A and to keep the constitutional bench with five members.
According to a statement issued by the Supreme Court on Monday, a meeting was held in the chamber of Justice Aminuddin Khan for the formation of constitutional benches, in which the affairs of the benches were reviewed and on other important issues including the functioning of the constitutional benches. Discussed.
It was informed in the meeting that the cases of sub-clause one of article 184, sub-clause three of article 184 are pending, while human rights cases including article 186 are also awaiting hearing.
After the 26th amendment in the meeting, it was decided to color-code the cases under Article 191A and Mazhar Ali Khan, Senior Research Officer of the Supreme Court, was assigned the task of scrutiny of Article 199 cases.
In a statement issued by the Supreme Court, it was said that the appointment of cases for hearing and the decision of the sitting of the benches will be made in consultation with two senior members and the release of the court roster, for the cases of the week, also in consultation with two senior members. Decisions will be made.
According to the statement, the committee comprising Justice Aminuddin Khan, Justice Jamal Khan Mandukhel and Justice Muhammad Ali Mazhar will form the constitutional bench and the next meeting will be scheduled later.
According to the announcement, the three-member judges committee will form a constitutional bench consisting of at least five judges, but one member of the committee is a judge abroad, a committee meeting will be called upon his return.
‘Constitutional and Unconstitutional Bench’
Earlier on Monday morning, in the absence of a constitutional bench, during the hearing of a tax-related case in the Supreme Court, Justice Mansoor Ali Shah remarked that ‘There is no constitutional bench at this time, so what about the unconstitutional bench that is sitting? have to do Now the question is coming up again and again whether the case will be heard by the regular bench or the constitutional bench?
A three-member bench headed by Justice Mansoor Ali Shah heard the tax case in the Supreme Court on Monday. Other judges on the bench included Justice Ayesha Malik and Justice Aqeel Abbasi.
Justice Ayesha Malik said that this case will be heard by the Constitutional Bench. We are hearing regular cases.’
On this, Justice Mansoor Ali Shah remarked that ‘Until the constitutional bench does not sit, are we unconstitutional? It means that constitutional cases will not be heard until the constitutional bench sits. Even if we hear this case, no one can ask us.’
Justice Mansoor Ali Shah said that even if we decide the case, what will happen? Come on, if we decide for ourselves, who is going to stop us? Revision will also come to us, then we will say that we have jurisdiction. Constitutional cases cannot be heard by a regular bench. No support is coming even from lawyers.’
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Justice Aqeel Abbasi inquired that ‘can we hear this case now or not?’
Justice Mansoor Ali Shah replied that if we give some time, we will see what happens.
Justice Ayesha Malik replied that ‘According to Article 2A, the Practice and Procedure Committee will decide which will take time, the Practice and Procedure Committee will decide whether the case will be heard by a constitutional bench or a regular bench.’
Justice Mansoor Ali Shah smiled at the lawyers of the case and said, “We cannot give any consideration to your request.” Let’s put it off, we’re just gossiping.’
The court adjourned the hearing of the case indefinitely.
Establishment of Constitution Bench
26th Constitutional Amendment A Constitution Bench was to be established under which all cases of constitutional matters are to be decided. The Constitution Bench was to be constituted by the Judicial Commission.
The meeting of the Judicial Commission of Pakistan was held last week under the chairmanship of the Chief Justice of the Supreme Court, Yahya Afridi. The Judicial Commission of Pakistan had approved a seven-member constitutional bench of the Supreme Court, under which the senior-most judge of the bench would be Justice Aminuddin Khan. All the members of the newly formed commission attended the meeting.
Seven members of the 12-member commission voted in favor of Justice Aminuddin’s appointment, while five voted against it.
The constitution bench includes Supreme Court Justice Jamal Khan Mandukhel, Justice Ayesha Malik, Justice Naeem Akhtar Afghan, Justice Muhammad Ali Mazhar, Justice Hasan Azhar Rizvi and Justice Musrat Hilali.
This bench is constituted for 60 days.
After Justice Aminuddin became the head of the constitution bench, Justice Jamal Mandukhel has also become a member of the commission. Constitution Bench Chief Justice Aminuddin Khan is already a member of the Judicial Commission. Under the new constitutional amendment, in case the head of the constitution bench is a member of the judicial commission, the second most senior judge after him will be appointed as a member of the commission.
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**Interview with Legal Expert Dr. Sarah Iqbal on the Formation of Constitutional Benches in the Supreme Court of Pakistan**
**Editor:** Thank you for joining us, Dr. Iqbal. Recent developments in the Supreme Court of Pakistan have led to the decision to form a five-member constitutional bench and color-code cases under Article 191A. Can you explain the significance of these changes?
**Dr. Iqbal:** Thank you for having me. The establishment of a five-member constitutional bench is crucial for efficiently handling constitutional matters in Pakistan. The emphasis on color-coding cases under Article 191A aims to streamline the process and prioritize cases based on their urgency and significance. This systematic approach will help in managing the backlog of cases and ensuring timely justice.
**Editor:** During the recent court proceedings, Justice Mansoor Ali Shah raised questions about the lack of a constitutional bench. What does this imply for the current judicial process?
**Dr. Iqbal:** Justice Mansoor Ali Shah’s remarks highlight a pressing concern that without a dedicated constitutional bench, constitutional cases may not receive the attention they need. The distinction between a regular bench and a constitutional bench is vital, as constitutional matters have unique complexities that require specialized judicial oversight. His comments underscore the urgency for the constitutional bench’s establishment to avoid potential legal ambiguities.
**Editor:** The Supreme Court has indicated that the appointment of cases for hearing will be conducted in consultation with senior members. How does this collaborative approach benefit the judicial process?
**Dr. Iqbal:** Collaboration among senior members brings a wealth of experience and insights into case management. It ensures that decisions regarding which cases to prioritize are made judiciously, reflecting the broader interests of justice. This cooperative model can enhance the integrity and transparency of the judicial process, fostering greater public confidence in the system.
**Editor:** What challenges might the Supreme Court face in forming and operationalizing this constitutional bench?
**Dr. Iqbal:** One of the primary challenges will be coordinating the schedules of the judges, especially since one member of the committee is currently abroad. Additionally, there may be logistical issues in managing the existing backlog of cases effectively. Balancing timely hearings with the thorough consideration needed for constitutional matters will require robust organizational strategies.
**Editor:** In closing, what are the broader implications of these recent decisions for the rule of law in Pakistan?
**Dr. Iqbal:** Establishing a functional constitutional bench signifies a commitment to uphold the rule of law in Pakistan. It demonstrates the judiciary’s willingness to adapt and respond to the needs of the legal system. Ultimately, these developments could lead to more robust legal protections for citizens and a stronger constitutional framework.
**Editor:** Thank you, Dr. Iqbal, for your insights. We appreciate your time.
**Dr. Iqbal:** Thank you for having me!
