ISLAMABAD - As uncertainty about the future of various cases prevails in the light of the issue of constitutional benches, Justice Mansoor Ali Shah yesterday questioned the legitimacy of a regular bench handling constitutional cases. “If no constitutional bench is seated, does this mean we are unconstitutional?” Justice Mansoor raised the question during hearing of a tax-related case by a three-member bench, he was heading.
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.
Meanwhile, a meeting was held Monday under the chairmanship of Justice Amin-ud-Din Khan to work out modalities of rapid functioning of the Constitutional Benches.
The 12-member Judicial Commission of Pakistan (JCP) by a majority of 7 to 5 named Justice Amin-ud-Din Khan as the head of seven-member constitutional bench in the Supreme Court. The bench includes judges from all the four provinces; Justice Amin-ud-Din 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 Musarrat Hilali from Khyber Pakhtunkhwa.
According to the minutes of a meeting, 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 one member of the Committee is not available being out of country, therefore, soon after the availability of members of Committee, next meeting will be scheduled.