CJP nominates Justice Aminuddin as third member of SC body tasked with forming benches, fixing cases

Chief Justice of Pakistan Qazi Faiz Isa has nominated Justice Aminuddin Khan as the third member of the committee tasked with forming benches and fixing cases under Article 184(3) of the Constitution following the promulgation of an ordinance on the Supreme Court Practice and Procedure Act by the government, reported 24NewsHD TV channel.

Earlier Justice Muneeb Akhtar was the third member of the three-member judges committee and the Chief Justice nominated Justice Aminuddin Khan as a member of the committee. The Registrar Supreme Court also issued a notification. Justice Aminuddin Khan is fifth in the seniority list. A three-judge committee examines the constitution of benches and human rights cases. Sources say the meeting of the three-member judges committee is likely to be called on Monday.

The government on Friday promulgated the Supreme Court Practice and Procedure Amendment Ordinance 2024 following President Asif Ali Zardari signed it after the federal government cleared it. Hours after the federal cabinet's gave the green signal, President Zardari also signed the ordinance into law. The federal cabinet approved the ordinance through a circulation summary after the Federal Ministry of Law had sent it to the prime minister and the federal cabinet on Thursday night.

The ordinance said the court bench would look at the cases keeping in view the fundamental human rights and public importance. As per the ordinance, each case will be heard on its turn otherwise reason will be furnished for its taking out of turn. “Each case and appeal will be recorded and its transcript will be prepared, which will be available to the public,” the new law added. The right of appeal is granted against any order under Article 184(3).

The judges committee, established under the newly amended Practice and Procedure Act, will be led by the chief justice, with the senior most judge Justice Mansoor Ali Shah and a third senior judge as members. The ordinance grants the Chief Justice the discretion to nominate a Supreme Court judge as the third member of this committee as required.

Earlier,Federal Minister for Information, Broadcasting Attaullah Tarar, announced the ordinance’s promulgation, noting that it had been approved by the federal cabinet and enacted by President Asif Ali Zardari. Tarar emphasised that one of the key aims of the ordinance is to address delays in case hearings, which have often occurred due to the unavailability of a third committee member in Islamabad.

Tarar outlined the ordinance's significant provisions, including the implementation of a strict first come, first served principle in the courts. "The case that comes first will be taken up first by the court, and the cases coming after will be fixed according to their number," he explained.

A notable change introduced by the ordinance is the requirement to document why a case under Section 184(3) of the Constitution is deemed a matter of public importance before it is heard by the court. A formal order must clarify whether the case involves public interest or human rights issues. Additionally, the ordinance grants the right of appeal for any orders passed by the Supreme Court under Section 184(3). To further enhance transparency, the ordinance mandates that a complete transcript of court proceedings, including judges’ remarks and observations, be prepared and made accessible to the public. The minister also brought attention to a pending petition regarding the review of Article 63-A, stressing the urgency of a decision.