ISLAMABAD: Supreme Court Justice Mansoor Ali Shah on Monday expressed his opposition to the idea of transferring all cases to constitutional benches, suggesting that many cases should remain with the regular benches of the Supreme Court for better efficiency.
Justice Shah made these comments during a hearing related to an overbilling case. He advised the petitioner’s counsel against referring every case to a constitutional bench, stating, “Leave some cases with us too.”
The petitioner’s counsel argued that the 26th Amendment introduced new grounds that could warrant referral to a constitutional bench. However, Justice Shah countered that this specific case did not raise substantial constitutional or legal issues, thus rendering a constitutional bench unnecessary.
The court ultimately closed the case, while noting that appeals concerning earlier judgments on overbilling were still pending.
JCP Restructured Ahead of First Session
In a related development, the Judicial Commission of Pakistan (JCP) is set to hold its first meeting today (Tuesday) to discuss the formation of constitutional benches in light of the newly passed 26th Constitutional Amendment and the establishment of a JCP secretariat.
Following last month’s constitutional amendments, the JCP—responsible for nominating judges to higher courts—has been restructured.
The meeting notification, released by the JCP secretary on Saturday, reveals that the commission, chaired by Chief Justice Yahya Afridi, now includes 12 members, including three senior Supreme Court judges: Syed Mansoor Ali Shah, Munib Akhtar, and Aminuddin Khan.
Other members consist of Attorney General Mansoor Awan, Law Minister Azam Nazeer Tarar, and a bar representative, Akhtar Hussain Advocate. The commission also comprises four members from parliament: a senator and an MNA from the ruling party, alongside a senator and an MNA from the opposition. A woman member has also been appointed.
Prior to the notification, National Assembly Speaker Ayaz Sadiq nominated members to the JCP, subsequently informing the commission via letter. The nominated members include NA Leader of Opposition Omar Ayub of the PTI, MNA Sheikh Aftab Ahmed of the PML-N, Senator Farooq Naek of the PPP, and Senator Shibli Faraz of the PTI. Roshan Khursheed Bharucha, a former senator from Balochistan, was nominated as the woman member.
This nomination aligns with Article 175A of the Constitution, which allows the speaker to nominate a woman or non-Muslim member to the JCP. The speaker consulted with Senate Chairman Syed Yusuf Raza Gillani and all parliamentary parties before finalizing these nominations, ensuring equal representation from both government and opposition.
According to the JCP notification, the commission will meet at the Supreme Court building at 2 PM on November 5 to discuss the establishment of its secretariat and the nomination of judges for constitutional benches.
Constitutional benches will be established under an amendment to Article 191-A, stating, “There shall be a constitutional bench of the Supreme Court, which may comprise an equal number of judges from each province.” These benches will handle the original, appellate, and advisory jurisdiction of the Supreme Court.
On October 21, the contentious 26th Constitutional Amendment passed in parliament after the ruling coalition garnered support from two-thirds of lawmakers, altering the selection process for the Chief Justice of Pakistan and facilitating the formation of constitutional benches in the Supreme Court.
