The Judicial Commission of Pakistan (JCP) on Tuesday constituted a seven-member constitutional bench in its first meeting at the Supreme Court of Pakistan in light of the 26th Amendment approved by parliament last month.
Chief Justice of Pakistan (CJP) Yahya Afridi called the meeting last week after National Assembly Speaker Ayaz Sadiq sent the parliamentary nominations for the JCP following consultations with the Senate chairman and parliamentary leaders.
The 26th Amendment envisaged the formation of constitutional benches in the apex court to take up cases requiring interpretation of the Constitution.
Earlier, the committee consisted of five SC judges (including the CJP as its chairman), the attorney general for Pakistan, the federal law minister, a former chief justice and a senior advocate nominated by the Pakistan Bar Council.
According to a press release issued, the first meeting for the revamped JCP convened today in Islamabad, chaired by Chief Justice of Pakistan (CJP) Justice Yahya Afridi.
The meeting was attended by Justice Mansoor Ali Shah, Justice Munib Akhtar, Justice Aminuddin Khan, Federal Minister for Law and Justice Azam Nazeer Tarar, Attorney General for Pakistan Mansoor Usman Awan, Senator Farooq Hamid Naek, Senator Syed Shibli Faraz, Member of the National Assembly Sheikh Aftab Ahmad, MNA Omar Ayub Khan and Roshan Khurshid Bharucha.
The chairman welcomed the participants and congratulated them on their nomination for the JCP.
“At the outset, Leader of Opposition in the National Assembly Omar Ayub objected to the quorum of the commission, highlighting the absence of one member,” the press release said.
It said that the objection was later put to a vote and, via majority, the meeting “affirmed that the proceedings are in consonance with the Constitution and can continue in the absence of one member”.
According to the press release, the commission also considered the formation of a constitutional bench within the SC to consider the constitutional cases.
It said that the CJP expressed views regarding the constitutional bench under the Constitution’s Article 175(A), suggesting a certain duration of the Bench.
“Other participants also expressed their views on the matter which was considered and thoroughly debated,” it said.
Following a vote, the majority — seven out of 12 — approved a seven-member Constitutional Bench with representation from all four provinces for a term of two months.
The constitutional bench will comprise Justice Aminuddin Khan, Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Ayesha Malik, Justice Syed Hasan Azhar Rizvi, Justice Musarrat Hilali, Justice Naeem Akhtar Afghan.
