The Judicial Commission of Pakistan, chaired by Chief Justice of Pakistan Yahya Afridi, has approved the formation of a constitutional bench, with Justice Aminuddin Khan appointed as its head.

This decision marks the commission’s first major action since the 26th constitutional amendment and reorganization of the Judicial Commission.

The meeting concluded with the approval of seven judges for the constitutional bench, representing each province. Justice Ayesha Malik and Justice Aminuddin Khan from Punjab, Justice Jamal Khan Mandokhel and Justice Naeem Akhtar Afghan from Balochistan, Justice Muhammad Ali Mazhar and Justice Hasan Azhar Rizvi from Sindh, and Justice Musarrat Hilali from Khyber Pakhtunkhwa will form the bench.

The decision was passed with a 7-5 vote, with Chief Justice of Pakistan Yahya Afridi, Justice Mansoor Ali Shah, Justice Muneeb Akhtar, and PTI's Omar Ayub and Shibli Faraz opposing the majority decision. The law minister, attorney general for Pakistan, and Pakistan Bar Council’s Akhtar Hussain, along with Farooq H Naik, Aftab Ahmed, and Roshan Khurshid Bharocha, voted in favour of the head of the bench.

Constitutional bench composition

The composition of the constitutional bench reflects representation from each province:

Punjab: Justice Aminuddin Khan (head of the bench) and Justice Ayesha Malik.

Balochistan: Justice Jamal Khan Mandokhel and Justice Naeem Akhtar Afghan.

Sindh: Justice Muhammad Ali Mazhar and Justice Hasan Azhar Rizvi.

Khyber Pakhtunkhwa: Justice Musarrat Hilali.

Furthermore, Justice Aminuddin Khan also became a member of the Supreme Court Practice and Procedure Committee. Under the Practice and Procedure Amendment Act, the head of the constitutional bench shall become the third member of the committee.

The remaining members of the committee are Chief Justice Yahya Afridi and senior most judge Justice Mansoor Ali Shah.

This meeting marked the Judicial Commission’s first session following the recent 26th constitutional amendment and subsequent reorganization of the commission. The meeting also discussed the establishment of the Judicial Commission’s Secretariat and the procedures for nominating judges to various constitutional benches in the Supreme Court.

Justice Mandokhel was also confirmed as the 13th member of the Judicial Commission, joining Justice Aminuddin Khan, who now serves as the head of the constitutional bench, who is already a member of the commission.

According to the constitutional amendment, if the bench chief is already a member of the commission, he will become the second senior judge member.