Larger bench completes work

The seven-member larger bench of the Supreme Court assigned hearing of constitutional points last week has been wound up but the second large bench, the five-member Shariat Appellate Bench will continue working for the fifth consecutive week. The most important ruling given by the larger bench under Justice Iftikhar Muhammad Chaudhary was on the transport route franchising in the Punjab where it shot down a five-year old amendment to the Punjab Motor Vehicle Ordinance.
The Supreme Court's decision will remove public transport franchising of routes in Rawalpindi-Islamabad, metropolitan Lahore and Faisalabad to single companies and restore the operation of other private transport.
In the coming judicial week, the Shariat Appellate Bench has six appeals from the government that seek reversal of a 1989 decision of the Federal Shariat Court (FSC) declaring the current electoral system as not conforming to Islam.
Another appeal moved by a private litigant questions the provision of reserve seats for women and minorities in the legislatures under Article 51 (2A) and also seeks removal of constitutional provision for a review of appeal against the decisions taken under the Hudood laws.
The same appeal also agitates against Article 73(3) of the Constitution that makes the Presidential assent to laws passed by the National Assembly as mandatory on the ground that legislatures being elected by people on direct vote should be treated as final word and the third party's approval was unnecessary.
Another group of four appeals initiated by the Federal Government challenge the decision of the FSC on the interest charged on the Provident Fund that the lower forum has classified as Riba. These appeals are fixed for the last working day that for Supreme Court falls on Friday.
Most of the other cases are appeals before the Shariat Appellate Bench is against convictions under the Shariat laws initiated by complaints receiving harm.
Of the total five benches, following four will sit at Islamabad:
FIRST BENCH: Chief Justice Nazim Hussain Siddiqui, Justice Javed Iqbal and Justice Tassadduq Hussain Jillani.
SECOND BENCH: Justice Iftikhar Muhammad Chaudhary, Justice Rana Bhagwandas and Justice Hamid Ali Mirza.
THIRD BENCH: Justice Deedar Hussain Shah, Justice Sardar Muhammad Raza Khan and Justice Faqir Muhammad Khokhar.
SHARIAT APPELLATE BENCH: Justice Abdul Hameed Dogar, Justice Muhammad Nawaz Abbasi, Justice Mian Shakirullah Jan, Justice Dr Allama Khalid Mahmud and Justice Dr Rashid Ahmed Jullundhari. The fifth bench composed of Justice Khalil-ur-Rahman Ramday, Justice Falak Sher and Justice Javed Buttar will hold court at Lahore.