All four provinces given representation in commission.   Bench approved for a term of two months.  Five out of twelve members oppose decision.   Umar Ayub objects to quorum of commission pointing at absence of one member.

ISLAMABAD  -  The Judicial Commission of Pakistan (JCP) on Tuesday approved a seven-member constitutional bench with Justice Amin-ud-Din Khan as its Chairman and having representation of all the four provinces.  The approval was given at the first meeting of the reconstituted Judicial Commission held at the Supreme Court of Pakistan here on Tuesday. Chief Justice of Pakistan and Chairman of the Judicial Commission Justice Yahya Afridi presided over the meeting.

The constitutional bench was constituted with a seven-member vote for a term of two months, while five members opposed the majority decision. The other members of the Judicial Commission include Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Ayesha A. Malik, Justice Hasan Azhar Rizvi, Justice Musarrat Hilali and Justice Naeem Akhtar Afghan. The meeting of the Judicial Commission attended by Justice Mansoor Ali Shah, Justice Munib Akhtar, Justice Amin-ud-Din Khan,  Federal Minister for Law and Justice Azam Nazeer Tarar, Attorney-General for Pakistan, Mansoor Usman Awan, Senator Farooq Hamid Naek, Senator Syed Shibli Faraz, Sheikh Aftab Ahmad and Members of the National Assembly Umar Ayub Khan and Roshan Khurshid Bharucha. Sources said that the meeting also discussed the establishment of the Judicial Commission’s Secretariat and the procedures for nominating judges to various constitutional benches in the Supreme Court.

Chief Justice of Pakistan Yahya Afridi-led Judicial Commission constituted the bench in 7-5 split decision, with a majority of the members voting in favour of the constitutional bench.

The sources claimed that CJP Afridi, senior-most judges Justice Mansoor Ali Shah and Justice Muneeb Akhtar and opposition PTI members Omar Ayub and Shibli Faraz opposed the decision.

Justice Amin is the fourth senior most judge in the apex court. Furthermore, Justice Aminuddin Khan also became a member of the Supreme Court Practice and Procedure Committee. Under the Practice and Procedure Amendment Act, the head of the constitutional bench shall become the third member of the committee.

Justice Mandokhel was also confirmed as the 13th member of the Judicial Commission, joining Justice Aminuddin Khan, who now serves as the head of the constitutional bench, who is already a member of the commission.

 According to the constitutional amendment, if the bench chief is already a member of the commission, he will become the second senior judge member.

On October 21, 2024, President Asif Ali Zardari ratified the 26th Constitutional Amendment on the advice of Prime Minister Shehbaz Sharif after crucial amendments were passed by two-third members of the Parliament.

 Amendments were made in various provisions of the constitution. The freshly-amended Article 175-A states that a 13-member judicial commission, comprising the chief justice, three most senior judges of the Supreme Court, most senior judge of the constitutional benches, law minister, attorney general for Pakistan, a nominee from the Pakistan Bar Council, two members each from the National Assembly and the Senate, and a woman or non-Muslim from outside parliament will work for the appointment of the judge in the Supreme Court, High Courts and the Federal Shariat Court.

 According to the press release, issued by Secretary JCP, at the outset Umar Ayub objected to quorum of the Commission highlighting the absence of one member. The objection was later put to a vote and by majority, the meeting affirmed that the proceedings are in consonance with the Constitution and can continue in the absence of one member.

The commission also considered the formation of a constitutional bench within the Supreme Court to consider constitutional matter/cases. The chief justice expressed the views of the judges regarding the constitutional bench under Article 175(A) of the constitution and suggested certain duration of the bench.