In the coming judicial week commencing from Monday, the Supreme Court (SC)will function with 14 judges working in five benches. Four of those will be full and one division strength.
Of the sanctioned strength of 17, the nation's last court of appeal is working with 15 judges. One of those, Justice Khalil-ur-Rahman Ramday is abroad on leave that further reduces its strength to 14 judges.
Majority of the appeals have been assigned to the first bench that is presided over by Justice Nazim Hussain Siddiqui who sits with Justice Javed Iqbal and Justice Hameed Dogar.
An important appeal to be heard on Tuesday by the Bench is a petition by the Pakistan Flour Mills Association that questions the Punjab Government's ban on movement of wheat in and out of the province.
Already the Attorney General, Makhdoom Ali Khan as well as the Punjab Advocate General, Shabbar Rizvi are on notice from the Court. The Association has challenged the validity of the restrictive order passed by the Provincial Home Secretary.
Unaware of the Association's appeal before the Supreme Court, the Bahawalpur Bench of the Lahore High Court last week accepted the plea of a wheat broker that the provincial government had acted beyond its authority by passing an order under Section 144 of the CrPC.
The law, a single Bench comprising of Justice Jawwad S Khawaja ruled, limited the operational powers to a District Nazim. Before the recent devolution of power, a district magistrate was empowered to invoke actions under Sect 144 that provides a vast scope for restrictive actions.
Another case that will be re-heard by the First Bench is petition from the owners of marriage halls and poultry farmers seeking rejection of ban imposed on the marriage feasts.
The case was heard and a verbal order accepted the petition was heard by the Bench under former Chief Justice Sheikh Riaz Ahmed but before a written order could be signed by the bench members, the presiding judge retired after the 17th Constitutional Amendment was approved by the National Assembly.
The Amendment ratified various laws passed by the President Pervez Musharraf as Chief Executive and Head of the State before the 2002's general elections.
The re-hearing in the petition has been necessitated by this technical lacunae. A large number of cases question the tax assessments against a larger number of sugar mills. Several textile mills and other industries have also challenged imposition of sales tax.
THE FIVE BENCHES FUNCTIONING DURING THE WEEK WILL BE:
FIRST BENCH: Chief Justice Nazim Hussain Siddiqui, Justice Javed Iqbal and Justice Abdul Hameed Dogar.
SECOND BENCH: Justice Iftikhar Muhammad Chaudhary, Justice Baghwandas and Justice Muhammad Nawaz Abbasi.
THIRD BENCH: Justice Deedar Hussain Shah, Justice Falak Sher and Justice M Javed Buttar.
FOURTH BENCH: Justice Hamid Ali Mirza, Justice Mian Shakirullah Jan and Justice Tassaduq Hussain Jillani.
FIFTH BENCH: Justice Sardar Muhammad Raza Khan and Justice Faqir Muhammad Khokhar.