ISLAMABAD: The Judicial Commission of Pakistan (JCP), in its first session following reconstitution under the 26th Amendment, appointed Justice Aminuddin Khan to lead a new seven-judge constitutional bench in the Supreme Court.
This decision was made by a majority vote of seven to five, with Chief Justice of Pakistan (CJP) Yahya Afridi among those dissenting.
This bench brings together judges from each of Pakistan’s four provinces: Justice Aminuddin Khan and Justice Ayesha A. Malik from Punjab; Justices Jamal Khan Mandokhail and Naeem Akhtar Afghan from Balochistan; Justices Muhammad Ali Mazhar and Hassan Azhar Rizvi from Sindh; and Justice Musarrat Hilali from Khyber Pakhtunkhwa.
Justice Aminuddin, who is fourth in seniority among Supreme Court justices, was chosen to head the bench for a term of 60 days as per recent legislative amendments, which also raised the total number of Supreme Court judges from 17 to 34.
The decision-making process was led by CJP Afridi, who discussed the composition of the bench under Article 175(A) of the Constitution, suggesting a set term for the bench’s mandate. The session included a thorough exchange of views, ultimately leading to the approval of the seven-member bench with representatives from all provinces.
The minority, which included CJP Afridi, senior puisne judge Justice Syed Mansoor Ali Shah, Justice Munib Akhtar, and opposition leaders Shibli Faraz and Omar Ayub, argued that the CJP should lead the constitutional bench. However, the majority upheld Justice Aminuddin’s appointment, noting that assigning all Supreme Court judges to the bench could present an issue if appeals were filed, as it would require a larger bench for review.
Law Minister Azam Nazeer Tarar, Attorney General Mansoor Usman Awan, and several other members endorsed Justice Aminuddin’s nomination, underscoring the significance of provincial representation in constitutional matters.
During the session, some members raised procedural questions, including PTI leader Omar Ayub, who raised a quorum issue due to the absence of one member. However, a majority determined that the proceedings could continue under constitutional guidelines.
The session also addressed the creation of a dedicated secretariat for the JCP, which the CJP is now authorized to establish. Additionally, the amended Supreme Court (Practice and Procedure) Act 2023 mandates that a three-judge committee — comprising the CJP, Justice Mansoor Ali Shah, and Justice Aminuddin — will decide which constitutional cases to refer to the bench.
In a related development, Justices Shah and Munib Akhtar recently called for the committee to promptly schedule hearings for pending petitions challenging the 26th Amendment, emphasizing urgency in a letter to the CJP. They independently arranged for an emergency meeting, with hearings scheduled to begin on November 4.
