Constitutional Benches: Moot held to work out modalities of rapid functioning

ISLAMABAD: A meeting was held under the chairmanship of Justice AminudDin Khan to work out modalities of rapid functioning of the Constitutional Benches.

The 12-member Judicial Commission of Pakistan (JCP) on November 5 by a majority of 7 to 5 named Justice AminudDin Khan as the head of a seven-member constitutional bench in the Supreme Court.

The bench includes judges from all the four provinces; Justice AminudDin and Justice Ayesha A Malik from Punjab, Justice Muhammad Ali Mazhar and Justice Hassan Azhar Rizvi from Sindh, Justice Jamal Khan Mandokhail and Justice Naeem Akhtar Afghan from Balochistan and Justice Mussarat Hilali from Khyber Pakhtunkhwa.

According to the minutes of a meeting, dated November 11, 2024, held regarding Constitutional Benches, the meeting was presided over by Justice Amin, and participated by Registrar Muhammad Salim Khan, Additional Registrar (Judicial) Nazar Abbas, Senior Research Officer Mazhar Ali Khan, Institution Officer Nazeer Ahmed, Judicial Assistant Abdul Rehman, and Judicial Assistant Mubashir Ahmed.

The head judge was briefed about the pendency of the cases under Article 184(1), 184(3) and 186 including human rights cases. The current working/practice of processing of the constitution petitions and proposed strategy for future adoption were also placed before the head of Constitutional Benches.

It was decided that colour coding of the cases shall be done, which are clearly falling under the purview of Article 191A of the Constitution and Mazhar Ali Khan, senior Research Officer has been given the task to scrutinize the cases arising out of Article 199 of the Constitution.

However, fixation, sitting of benches, issuance of Court Roster and number of cases to be heard in a week will be decided in consultation with the remaining two senior members of the Constitutional Benches, as in accordance with Article 191A Clause (4), a Committee comprising the most senior judge of the Constitutional Benches and the next two most senior judges from among the judges nominated under clause (1), has to constitute a bench consisting of not less than five judges for the purpose noted in clause (3) of the instant Article. As one member of the Committee is not available being out of the country, therefore, soon after the availability of members of the Committee, the next meeting will be scheduled.

Meanwhile, Justice Mansoor Ali Shah has questioned the legitimacy of a regular bench handling constitutional cases.

A three-judge bench, headed by the senior puisne judge, on Monday, heard a tax-related case. During the proceeding, Justice Mansoor remarked, “If no constitutional bench is seated, does this mean we are unconstitutional?”

Justice Ayesha Malik noted that the current bench was handling the matter until a constitutional bench could be convened. She cited Article 2-A, explaining that the Practice and Procedure Committee would determine which cases fall under a constitutional bench, though the decision would take time.

Justice Mansoor said even if the regular bench ruled on the case, its authority might be questioned without a formal constitutional bench.

Justice Aqeel Abbasi, another member of the bench, questioned if the court had the jurisdiction to proceed with the case in its current structure. Upon that Justice Mansoor remarked that they would delay any verdict and adjourned the hearing indefinitely, saying that the case required more clarity on bench jurisdiction.

Copyright Business Recorder, 2024