• Instead of taking all matters to constitutional bench, some cases should be left with us, Justice Shah muses
• Jamaat-i-Islami becomes sixth party to move top court against 26th Amendment

ISLAMABAD: The Judicial Commission of Pakistan is all set to meet today to consider the nomination of judges to constitutional benches in light of 26th Amendment approved by parliament last month amid opposition by the major opposition party, the PTI.

Chief Justice of Pakistan (CJP) Yahya Afridi called the meeting, likely to commence at 2pm, last week after National Assembly Speaker Ayaz Sadiq sent the parliamentary nominations for the JCP following consultations with the Senate chairman and parliamentary leaders.

The 26th Amendment envisaged the formation of constitutional benches in the apex court to take up cases requiring interpretation of the Constitution.

The JCP will discuss the judges’ nomination for constitutional benches as well as the establishment of the JCP secretariat.

The meeting will be atte­n­ded by senior puisne judge Syed Mansoor Ali Shah, Jus­tice Munib Akhtar, Justice Aminuddin Khan, Senator Farooq Hamid Naek, MNA Sheikh Aftab Ahmad, MNA Omar Ayub, Roshan Khur­sheed Bharucha, Law Minister Azam Nazeer Tarar, Senator Syed Shibli Faraz, Attorney General for Pakistan Mansoor Usman Awan, and Pakistan Bar Council representative Akhtar Hussain.

Referred to constitutional bench

Separately, a two-member bench comprising Justice Mansoor Ali Shah and Justice Aqeel Abbasi referred a matter pertaining to overbilling by the Sui Northern Gas Pipelines Limited to the constitutional bench after objections by the counsel.

However, in a lighter vein, Justice Mansoor observed that at least some cases should also be left with them to decide instead of taking all matters to the constitutional bench.

The observation came during the hearing of a review pet­ition relating to overbilling by the SNGPL when the counsel pleaded before the court that the review petition against the judgement was pending and therefore should be referred to the constitutional bench.

At this, Justice Shah qui­pped at least some cases sho­uld be left with the regular ben­ches to adjudicate. Sub­sequently, the court disposed of the matter to be taken up by the constitutional bench.

JI petition

On the other hand, the Jamaat-i-Islami lodged a petition in the top court against the constitutional amendment on Monday. Moved through Adv­o­cate Imran Shafeeq, the petition requested the Supreme Court to declare the amendment repugnant to different provisions of the Constitution.

The JI argued that if the power of superior judges’ appointment was left to the executive or legislators, it would be a blatant breach of the principle of the judiciary’s independence.

This is the sixth such petition. Earlier petitions were filed by the Lahore High Court Bar Association, the Balochistan Bar Council, the Balochistan High Court Bar Association, and former Supreme Court Bar Association president Abid Shahid Zuberi.

Veteran politician Afrasiab Khattak through his counsel Advocate Khwaja Ahmad Hosain also challenged the amendment.

Published in Dawn, November 5th, 2024