SHC regular benches step aside as constitutional benches take charge

KARACHI: The regular benches of the Sindh High Court (SHC) recused themselves from hearing constitutional petitions on Tuesday, following the establishment of dedicated constitutional benches.

A division bench led by Justice Salahuddin Panhwar was hearing a case involving the Sindh Building Control Authority (SBCA) when the petitioner’s counsel argued that the matter fell under Article 199(2) of the Constitution and requested an urgent hearing.

In response, Justice Panhwar observed that petitions involving restraining orders against provincial or federal governments or their institutions should be addressed by the constitutional bench.

He advised the counsel to seek permission from Justice KK Agha. Justice Panhwar clarified that while conditional permission could be granted, it would first need to be determined whether the case should be heard by a regular or constitutional bench.

In a separate development, the court declined to entertain cases related to call-up notices, account de-freezing, and protection requests, postponing all such matters indefinitely.

Furthermore, a petition requesting the quashing of an FIR was directed to be converted into a Section 561 application and presented before the appropriate bench.

The move comes a day after the Judicial Commission of Pakistan nominated nine judges to form the constitutional benches in the SHC. Justice KK Agha has been appointed as the head of these benches as well as the constitutional committee.

 

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