The Supreme Court's Constitutional Bench Committee convened a meeting to discuss upcoming cases.
Sources said that the meeting decided to fix cases before the constitutional bench. According to the sources, the constitutional benches would begin hearing these cases from November 14.
Justice Muhammad Ali Mazhar participated in the meeting via telephone.
A day ago, during the hearing of a tax-related case in the Supreme Court, the judges got into a debate over the necessity of a constitutional bench.
Senior judge Justice Mansoor Ali Shah raised the question if the regular bench they were on was unconstitutional until the constitutional bench is established. He also remarked that even if the regular bench heard the case, no one could question it. “Even if we decide the case, what will happen? If a review plea comes before us, we’ll say it’s our jurisdiction,” he added.
Also Read: Judicial Commission: No decision yet on Sindh constitutional bench
At the outset of the hearing, Justice Ayesha Malik remarked that this case would be heard by the constitutional bench. Justice Shah asked that since there was no constitutional bench as of now, what should be done about the “unconstitutional bench” they were a part of.
“Are we unconstitutional until the constitutional bench is established?” he asked, adding that this means constitutional cases would not be heard until the constitutional bench comes into force.
He further remarked that even if this regular bench heard the case, nobody could question it. Even if the regular bench decided the case, who could stop it, he asked further.
Also Read: No one can question even if regular bench hears constitutional cases: Justice Shah
A few days ago, a meeting of the Judicial Commission, chaired by Chief Justice of Pakistan Yahya Afridi, concluded without a final decision on the nomination of judges for constitutional benches in the Sindh High Court.
According to sources, although the names of potential candidates for the constitutional benches were reviewed, no judges could be finalised during the meeting.
The judicial commission will meet again on Nov 25, the sources said, adding that two of its members could not be present in the meeting. They added that the decision could not be taken on the formation of a constitutional bench in Sindh.
