- Chief Justice Yahya Afridi-led first meeting of JCP approves constitutional bench in a 7-5 split decision
- CJP, Justice Shah, Justice Akhtar, Senator Shibli Faraz and MNA Omar Omar Ayub oppose bench
- Constitutional bench formed for 60 days has representation from all four provinces
ISLAMABAD: The newly-formed Judicial Commission of Pakistan (JCP), in its maiden meeting on Tuesday, constituted the seven-member constitutional bench and appointed Justice Amin-ud-Din Khan as its head as mandated by the recently enacted 26th Amendment.
Chief Justice of Pakistan Yahya Afridi presided over the first JCP meeting to form the constitutional bench in a 7-5 split decision.
The constitutional bench, constituted for a period of 60 days and to be headed Justice Amin-ud-Din Khan, will comprising of Justices Ayesha Malik, Naeem Akhtar Afghan, Athar Minallah, Hassan Azhar Rizvi, Musarrat Hilali, and Jamal Khan Mandokhail as its members.
CJP Justice Afridi had called the meeting last week after National Assembly Speaker Ayaz Sadiq sent names of parliamentarians for the formation of JCP following consultations with the Senate chairman and parliamentary leaders.
As per the 26th Constitutional Amendment, the Judicial Commission, comprising 13 members, is responsible for making appointments to the Supreme Court, high courts, and the Federal Shariat Court (FSC).
The 26th Amendment envisaged the formation of constitutional benches in the apex court to take up cases requiring interpretation of the Constitution.
On October 21, the controversial 26th Constitutional Amendment sailed through parliament after the ruling coalition succeeded in rallying two-thirds of lawmakers’ support.
The amendments changed the procedure for the selection of the chief justice of Pakistan while also paving the way for formation of constitutional benches in the Supreme Court.
Earlier, the committee consisted of five SC judges (including the CJP as its chairman), the attorney general for Pakistan, the federal law minister, a former chief justice and a the Pakistan Bar Council’s nominated senior advocate.
According to a press release issued after the meeting, the first meeting of JCP convened with Chief Justice of Pakistan (CJP) Justice Yahya Afridi in the chair.
The meeting was attended by Justice Mansoor Ali Shah, Justice Munib Akhtar, Justice Aminuddin 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, Member of the National Assembly Sheikh Aftab Ahmad, MNA Omar Ayub Khan and Roshan Khurshid Bharucha.
The chairman welcomed the participants and congratulated them on their nomination for the JCP.
“At the outset, Leader of Opposition in the National Assembly Omar Ayub objected to the quorum of the commission, highlighting the absence of one member,” the press release said.
It said that the objection was later put to a vote and, via majority, the meeting “affirmed that the proceedings are in consonance with the Constitution and can continue in the absence of one member”.
The press release read that the commission o considered the formation of a constitutional bench within the SC to hear constitutional cases.
It said that the CJP expressed views regarding the constitutional bench under the Constitution’s Article 175(A), suggesting a certain duration of the Bench.
“Other participants also expressed their views on the matter which was considered and thoroughly debated,” it said.
Following a vote, the majority — seven out of 12 — approved a seven-member Constitutional Bench with representation from all four provinces for a term of two months.
The constitutional bench will comprise Justice Aminuddin Khan (as head), Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Ayesha Malik, Justice Syed Hasan Azhar Rizvi, Justice Musarrat Hilali and Justice Naeem Akhtar Afghan.
