The Supreme Court of Pakistan continues to transfer cases to the constitutional benches, the Supreme Court also sent the case related to the land dispute in Islamabad to the constitutional bench.
A 3-member bench of the Supreme Court, headed by Chief Justice Yahya Afridi, heard the case.
Justice Shahid Waheed remarked that in this case the constitutional clauses have to be interpreted, this case should now be transferred to the constitutional bench, on which lawyer Salman Aslam Butt said that I did not want to say this but this is what should happen.
Designated Chief Justice Yahya Afridi remarked that the Registrar’s Office has been given a policy regarding the Constitutional Bench, and the office has been directed to create a separate category for the cases in which any law has been challenged and the cases in which the interpretation of the Constitution is required. They will continue to move along.
It should be noted that the different benches of the Supreme Court had transferred 4 cases to the Constitutional Bench yesterday.
The 26th Constitutional Amendment passed on October 21 added a new Article 191A (Constitutional Bench of the Supreme Court) to the Constitution for the constitution of judicial benches.
Clause No. 1 states, ‘There shall be constitutional benches of the Supreme Court, which shall include judges of the Supreme Court, whose nomination and tenure shall be determined by the Judicial Commission of Pakistan, while the constitutional benches shall consist of judges from all provinces. Equal representation will be ensured.
The most senior Judge among the Judges nominated under Clause 2 and Clause 1 of Article 191A shall be the Presiding Judge of the Constitution Benches.
Clause 3 restricts to the Benches of the Supreme Court other than the Constitution Benches ‘the following jurisdictions conferred on the Supreme Court’:
(a) original jurisdiction of the Supreme Court under Article 184;
(b) in the appellate jurisdiction of the Supreme Court under clause 3 of Article 185, where any decision or order of the High Court under Article 199 involves a question of law as to the constitutionality of a statute or the interpretation of the Constitution;
(c) the advisory jurisdiction of the Supreme Court under Article 186;
Under Clause No. 4, for the purposes of Clause 2, there shall be a Bench consisting of at least 5 Judges, to be nominated by a Committee consisting of the Presiding Judge and the 2 most senior Judges from among the Judges nominated under Clause 1, and this Bench shall hear such cases. will do
According to Clause 5 of Article 191A all petitions, appeals or revision petitions against judgments filed in the Supreme Court before the enactment of the 26th Amendment, to which Clause 2 applies, shall now be transferred to the Constitution Benches and only The Benches constituted under clause 3 shall hear and decide them.
Clause 6 empowers the Judges named in Clause 1 to make rules to regulate the conduct and procedure of the Constitution Benches, ‘notwithstanding anything contained in the Constitution but subject to law’.
It should be remembered that on October 23, President Asif Ali Zardari approved the appointment of Justice Yahya Afridi as the Chief Justice of Pakistan, after which the Ministry of Law issued a notification for his appointment.
New Chief Justice of Pakistan Yahya Afridi has been appointed for 3 years from October 26.
In this regard, it was informed that Justice Yahya Afridi will take oath of office on October 26.
For the first time in the history of Pakistan, the Chief Justice of the Supreme Court has been elected by a parliamentary committee. Earlier, in the light of the decision of the Al-Jihad Trust case, the most senior judge of the Supreme Court was the Chief Justice of the country.
Chief Justice Qazi Faiz Isa is retiring from office on October 25. Before the passage of the 26th Constitutional Amendment, Justice Mansoor Ali Shah was to become the next Chief Justice of Pakistan under the principle of seniority.
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