Three-member SC bench on 26th constitutional amendment dissolved
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A three-member bench of the Supreme Court (SC), which was due to hear the case relating to jurisdiction of the regular benches as well as the constitutional bench’s power to hear the cases after the passage of the 26th Constitutional Amendment, was dissolved on Thursday, reported 24NewsHD TV channel.
During the hearing, Justice Mansoor Ali Shah said that Justice Aqeel Abbasi of the Sindh High Court (SHC) had already given a ruling in the case. “There could not be hearing of the case today. A new bench will have to be constituted,” he said, and added, “We are going to fix the hearing of the case on Monday.”
Now, the judge went on to say, the bench, which will be formed on Monday, would hear the case.
“We have to decide whether the power to hear cases can be taken away from the regular benches under Article 191-A,” Justice Mansoor said.
Justice Mansoor said the original three-member SC bench, which also had Justice Irfan Saadat, will hear the case on Monday.
The additional attorney general (AAG) prayed to the court to give them some time. In reaction, Justice Ayesha Malik said “We will see to it but let the case be fixed for hearing on Monday.”
The court issued a notice to the attorney general of Pakistan for assistance in the case, and adjourned the case’s hearing until Monday.
The three-judge bench was due to deliberate on a recurring question about whether regular benches can hear matters involving the constitutionality of laws, following the establishment of the Constitutional Bench under the 26the Amendment.
Headed by senior puisne judge Justice Syed Mansoor Ali Shah, a three-judge SC bench had earlier noted that it has become necessary to resolve the controversy in light of objections raised during proceedings and the reply provided by one of the lawyers.
Reporter: Amanat Gishkori