ISLAMABAD: A six-judge constitutional bench will commence hearing of constitutional petitions pending in the Supreme Court from Thursday in view of the unavailability of Justice Ayesha A. Malik.

Headed by Justice Ami­n­uddin Khan, the bench will consist of Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Syed Has­san Azhar Rizvi, Justice Musarat Hilali and Justice Naeem Akhtar Afghan. The bench was formed in view of unavailability of the seventh judge, Justice Ayesha Malik, on Nov 14 and Nov 15.

Earlier in the day, a meeting of the three-judge committee constituted under Article 191A (4) was convened at the SC building under the chairmanship of Justice Aminuddin Khan to discuss matters related to the formation of the constitutional bench.

The SC had constituted the three-judge committee to determine fixing, issuance of court roster, sitting of benches and number of cases to be heard in a week by the constitutional benches, which the top court had formed recently.

Held on Nov 6, the minutes of a meeting had revealed that the committee must consist of Justice Aminuddin, the head of the constitutional bench, Justice Jamal Khan Mandokhail and Justice Muhammad Ali Mazhar.

Attended by Justice Mandokhail and Justice Mazhar telephonically from Karachi, the committee on Tuesday resolved that the bench comprising all available judges would be constituted to proceed with cases on Nov 14 and 15.

During the meeting, the registrar’s office apprised the committee of the pending cases that fall within the jurisdiction of the constitutional bench.

After thorough consideration, the committee resolved that priority should be accorded to oldest cases and the registrar’s office was directed to list these cases accordingly for hearing before the bench.

The committee also resolved to reconvene for further deliberations today (Wednesday) at 12:30pm at the Supreme Court building upon the arrival of Justice Mazhar in Islamabad.

On Nov 5, the new Judicial Commission of Pakistan, in its maiden session, had picked Justice Aminuddin as head of the constitutional bench with a majority of seven to five.

Published in Dawn, November 13th, 2024