The constitution bench was mentioned during the hearing of a tax related case in the Supreme Court. Justice Ayesha Malik said that the constitutional bench will hear this case, we are hearing the regular bench. Justice Mansoor Ali Shah remarked that there is no constitutional bench at the moment, so what should the non-constitutional bench which is sitting do.
A three-member bench headed by Justice Mansoor Ali Shah heard the case. During the hearing, Justice Mansoor remarked that until the constitutional bench sits, are we unconstitutional? Now this question has come up, will the case be heard by the regular bench or the constitutional bench, what will happen even if we decide the case? Come on, if we decide for ourselves, who is going to stop us?
Justice Mansoor remarked that the review will also come to us, then we will say that we have jurisdiction, the regular bench cannot hear the constitutional cases and there is no support from the lawyers.
Justice Aqeel Abbasi remarked that whether we can hear this case now or not, give some time and see what happens. Justice Ayesha Malik remarked that the Practice and Procedure Committee will decide which will take time, the Practice and Procedure Committee will decide whether it will be heard by a constitutional bench or a regular one.
Justice Mansoor Ali Shah smilingly remarked that we cannot give any opinion on your request, we postpone it, we are just gossiping.
The hearing of the case was adjourned indefinitely.
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**Interview with Legal Expert: The Implications of the Supreme Court’s Bench Dilemma**
**Interviewer:** Thank you for joining us today. We’re discussing a recent hearing in the Supreme Court where the judges debated the role and existence of a constitutional bench amid ongoing tax-related cases. Justice Mansoor Ali Shah voiced concerns over the lack of a constitutional bench, questioning whether the current non-constitutional bench has the authority to proceed. What do you make of this situation?
**Legal Expert:** It’s a complex issue that raises significant questions about judicial authority and the interpretation of constitutional jurisdiction. Justice Mansoor’s comments highlight the tension and confusion that can arise when there are procedural gaps in the judiciary.
**Interviewer:** Indeed, Justice Ayesha Malik mentioned that the Practice and Procedure Committee will ultimately decide whether the case will be heard by a constitutional bench or a regular one. How do you see this affecting the timeline and the parties involved in the case?
**Legal Expert:** The fact that the decision to allocate cases to the appropriate bench may take time could delay justice for those involved. This uncertainty can also lead to broader implications about how judicial processes are perceived by the public, especially concerning the efficiency and reliability of the legal system.
**Interviewer:** Justice Mansoor also remarked that until the constitutional bench is established, it raises questions about whether the current decisions could be deemed unconstitutional. What do you think this indicates about the relationship between different levels of the judiciary?
**Legal Expert:** This scenario underscores the delicate balance between different judicial roles and the importance of having a clearly defined framework for addressing constitutional issues. It suggests a need for a more robust dialogue within the judiciary to ensure that all cases are managed appropriately and within the legal framework.
**Interviewer:** With the discussion around procedural authority and possible delays, what do you think the public should take away from this situation regarding trust in the judicial system?
**Legal Expert:** This situation can lead to skepticism about the judicial process, particularly in how it handles significant cases. It’s crucial for the legal system to maintain transparency and efficiency so that the public retains faith in its ability to deliver justice.
**Interviewer:** Lastly, given this situation, what are your thoughts on the future of judicial proceedings in Pakistan? How might this dialogue shape changes moving forward?
**Legal Expert:** This dialogue could potentially lead to calls for reform in how cases are organized and heard in the judiciary. If the judiciary acknowledges these procedural hurdles, it may catalyze efforts to establish a more efficient system that clearly delineates roles and responsibilities among different benches.
**Interviewer:** Thank you for your insights. Now, we want to hear from our readers: Do you believe the lack of a constitutional bench creates a significant risk for fair trial rights in Pakistan? How does this impact your trust in the judicial system? Share your thoughts below, and let’s start the debate!
