First case referred to constitutional bench of Supreme Court

The Supreme Court, under a three-member bench led by Justice Mansoor Ali Shah, referred the petitions for reinstatement of dismissed Petroleum Ministry employees to constitutional benches on Wednesday. 

According to the 24NewsHD TV channel, this decision was taken by the court following the petitioners' lawyer, Wasim Sajjad, arguing that the case pertains to the constitutional rights of all citizens.

During Wednesday’s hearing, senior advocate Wasim Sajjad stated that every citizen has a constitutional right to a peaceful life in the country. 

Justice Mansoor Ali Shah responded by highlighting that, under the 26th Amendment, constitutional cases must be heard by constitutional benches. 

On this occasion, Justice Ayesha Malik added that this crucial case should indeed be heard by a significant constitutional bench.

The Supreme Court emphasised that in the context of the 26th Constitutional Amendment, cases involving constitutional questions should be heard by constitutional benches.

The petitions were filed by seven employees of the Ministry of Petroleum and Natural Resources, challenging the High Court’s earlier decision in the SC. 

It is worthy to mention that the 26th Constitutional Amendment recently passed by the parliament with a two-thirds majority provides for the establishment of constitutional benches in both the Supreme Court and High Courts. 

As per the new constitutional legislation, the Judicial Commission will be responsible for determining the number of such constitutional benches and assigning judges to them. 

The powers and jurisdiction of the Constitution Bench will be exclusive and non-transferable to any other bench. 

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 judgement or order of a High Court passed under Article 199 involves the 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. 

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