SC judges in a fix over hearing of cases after passage of 26th Amendment

The Supreme Court (SC) judges on Monday made some interesting remarks during the hearing of an appeal against a high court’s verdict in the Competition Commission case, reported 24NewsHD TV channel.

During the hearing, Justice Mansoor Ali Shah said with a smile on his face whether this bench could hear the appeal or would it also be sent to the constitutional bench as embodied in the 26^th Constitutional Amendment passed by the parliament last night? “It appears that this question will be asked every other day,” he further remarked.

Barrister Farogh Naseem said that constitutional cases had now become political in nature.  

Justice Ayesha Malik also remarked in jest, “Now it is up to you and the new bench. Read the new amendment. This bench just cannot hear the case covered by Article 199.”

Justice Mansoor then adjourned the case’s hearing for three weeks so that the situation could become clear by that time.

Adding more oversight into judicial affairs, the latest constitutional amendment envisages introduction of reforms to the appointment process and tenure of the Chief Justice of the Supreme Court and establishment of constitutional benches at the Supreme Court, with equal representation from all provinces.

It also provides to establish constitutional benches at the high courts. The senior-most judge of each constitutional bench will serve as its presiding officer.

According to 191A constitutional Benches of the Supreme Court: (1) there shall be constitutional benches of the Supreme Court comprising such Judges of the Supreme Court and for such term may be nominated and determined by the Judicial Commission of Pakistan from time to time. The constitutional Benches would comprise an equal number of judges from each province. The most senior judge nominated under clause (1) shall be the presiding judge of the constitutional benches in this part referred to as the presiding judge.
No bench of the Supreme Court other than a constitutional bench shall exercise the following jurisdictions vested in the Supreme Court. Original jurisdiction of the Supreme Court under Article 184.
Appellate jurisdiction of the Supreme Court under Clause (3) of Article 185 where a judgment or order of a High Court passed under Article 199 involves constitutionality of any law or a substantial question of law as to the interpretation of the constitution; and advisory jurisdiction of the supreme court under Article 186.
Supreme Judicial Council will emulate the performance and report to the president.
The amendment included provisions for establishing constitutional benches in the Supreme Court and high courts, with equal representation from all provinces. The senior-most judge of each constitutional bench will serve as its presiding officer.

Reporter: Amanat Gishkori