ISLAMABAD: The Judicial Commission of Pakistan (JCP) is set to convene today to discuss the nomination of judges to constitutional benches. This meeting comes in light of the 26th Amendment, which the parliament approved last month, amidst opposition from the Pakistan Tehreek-e-Insaf (PTI) party.
Meeting Details
Chief Justice of Pakistan Yahya Afridi called the meeting, which is expected to start at 2 PM. The National Assembly Speaker, Ayaz Sadiq, sent the nominations to the JCP after consulting with the Senate chairman and other parliamentary leaders.
The 26th Amendment aims to form constitutional benches in the Supreme Court to handle cases requiring constitutional interpretation. The JCP will review the nominations for these benches, along with discussing the establishment of a JCP secretariat.
Attendees of the Meeting
Key figures will attend the meeting, including senior puisne judge Syed Mansoor Ali Shah, Justice Munib Akhtar, Justice Aminuddin Khan, and several parliamentary representatives. Law Minister Azam Nazeer Tarar and Attorney General for Pakistan Mansoor Usman Awan are also on the attendee list. Additionally, a representative from the Pakistan Bar Council, Akhtar Hussain, will be present.
Overbilling Case Referred to Constitutional Bench
In a related matter, a two-member bench led by Justice Mansoor Ali Shah and Justice Aqeel Abbasi referred a case about overbilling by the Sui Northern Gas Pipelines Limited (SNGPL) to the constitutional bench. The referral occurred after objections from the counsel.
During the proceedings, Justice Mansoor humorously suggested that some cases should remain with regular benches instead of overwhelming the constitutional bench. This light-hearted comment came while discussing the review petition concerning the overbilling issue, where the counsel argued for a referral to the constitutional bench.
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Jamaat-i-Islami Challenges the Amendment
Meanwhile, the Jamaat-i-Islami (JI) party filed a petition in the Supreme Court against the constitutional amendment. The petition, submitted through Advocate Imran Shafeeq, requests the court to declare the amendment incompatible with various provisions of the Constitution.
The JI contends that allowing the executive or legislators to control the appointment of superior judges undermines judicial independence. This petition marks the sixth challenge against the amendment. Previous petitions came from several legal bodies, including the Lahore High Court Bar Association and the Balochistan Bar Council.
Ongoing Legal Disputes
Veteran politician Afrasiab Khattak also contested the amendment through his counsel, Advocate Khwaja Ahmad Hosain. The ongoing legal disputes highlight the contentious nature of the amendment and the broader implications for judicial appointments in Pakistan.
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