ISLAMABAD: The Judicial Commission formed a seven-member constitutional bench at the Supreme Court on Tuesday, appointing Justice Aminuddin Khan as head, as mandated by the recently passed 26th Constitutional Amendment.
The Judicial Commission, restructured under the 26th Amendment, held its first meeting with Chief Justice Yahya Afridi presiding. The commission appointed a constitutional bench with a close vote of 7-5. The Practice and Procedure Committee will decide on future bench formations and case lists.
Members of the New Bench Announced
The seven-member constitutional bench includes:
- Justice Aminuddin Khan and Justice Ayesha Malik from Punjab
- Justice Jamal Khan Mandokhail and Justice Naeem Akhtar Afghan from Balochistan
- Justice Muhammad Ali Mazhar and Justice Hasan Azhar Rizvi from Sindh
- Justice Musarrat Hilali from Khyber-Pakhtunkhwa.
Sweeping Judicial Reforms Introduced by Amendment
Parliament passed the 26th Constitutional Amendment on October 21, introducing significant judicial reforms. The amendment revamped the Judicial Commission, changing the process for appointing the chief justice and introducing constitutional benches at both the Supreme Court and high courts.
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This amendment was applied for the first time with the retirement of Chief Justice Qazi Faez Isa. Parliament then selected Justice Afridi as the new chief justice, a process now defined by the amendment.
Commission Expanded to Include Parliament Members
Previously, the Judicial Commission comprised the chief justice, senior judges from the Supreme Court and high courts, the law minister, attorney general, and lawyer representatives. The 26th Amendment added five parliamentary members.
Last week, Senate Chairman Yousaf Raza Gillani and National Assembly Speaker Ayaz Sadiq nominated members to the commission. The Senate nominated Farooq H Naek (PPP) and Shibli Faraz (PTI), while the National Assembly nominated Omar Ayub (PTI), Sheikh Aftab (PML-N), and Roshan Brocha.
Key Meeting Agenda
The meeting focused on establishing the Supreme Court’s constitutional bench. Some members had initially proposed convening a full court. A neutral member suggested that judges unaffected by the 26th Amendment be appointed. Ultimately, Justice Aminuddin Khan was proposed as head and approved by a 7-5 majority.
Dissent Over Bench Voting Process
The five members who opposed the vote included Chief Justice Afridi, Justices Mansoor Ali Shah and Muneeb Akhtar, and PTI members Umar Ayub and Shibli Faraz. They argued that a full court should review the decision.
PTI members also expressed concern over the commission meeting before appointing a bench head. However, PPP’s Senator Naek countered that the Constitution does not bar such meetings without a designated bench head.
Next Judicial Commission Meeting Set
The Judicial Commission will meet again in two weeks. In this session, judges will be appointed to a new constitutional bench at the Sindh High Court, in line with a recent provincial assembly resolution.
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