The constitutional status of the government, as well as high-profile cases relating to the Constitution but of a political nature, which could shape the political landscape of the country in the coming days, all depend on the constitutional bench for which the Judicial Commission of Pakistan approved the other day the name of Justice Aminuddin Khan as its inaugural presiding judge.
Justice Aminuddin was a junior judge in the Lahore High Court (LHC) when he was elevated to the Supreme Court by the Judicial Commission of Pakistan (JCP) on October 21, 2019. His name had been recommended by former Chief Justice of Pakistan (CJP) Asif Saeed Khosa.
In recent times, Justice Aminuddin's name came into the limelight on September 20 when former Chief Justice Qazi Faez Isa included him as a member of the bench fixing committee under the Practice and Procedure Act, replacing Justice Munib Akhtar after the government issued an ordinance to amend the way the committee is constituted. Former CJP Isa had decided to replace Justice Akhtar on the committee after expressing reservations over the latter's conduct on the committee. However, ex-CJP Isa did not directly opt for Justice Aminuddin following the promulgation of the ordinance. Instead, his first choice was Justice Yahya Afridi. It was only after Justice Afridi declined to be a part of the bench fixing committee that Justice Isa looked to the next senior-most judge, who happened to be Justice Aminduddin. Justice Aminduddin's inclusion on the bench, however, was seen as important because the committee subsequently decided to fix a petition in the Article 63-A case, a case that was viewed as inevitable in granting the government a two-thirds majority to make the 26th Constitutional Amendment.
Who is Justice Aminduddin Khan?
Born on December 1, 1960, in Multan, Justice Aminduddin received his early education from Kindergarten Muslim School in Multan. He completed his Secondary School Education from the Government Muslim High School in Multan in 1977. Justice Aminduddin also represented Pakistan as a Boy Scout in the Asian Jambury in Iran in 1977 and was awarded a sash by the then-President of Pakistan. He secured his Bachelor in Philosophy in 1981 before completing his LLB from the University Law College, Multan, in 1984, followed by a diploma in Taxation Law.
Justice Aminduddin started his law practice as a junior with his father and obtained his license to practice in the lower courts in Multan in 1985.
He was enrolled as an advocate of the LHC and then the Supreme Court in 1987 and 2001, respectively.
Justice Aminduddin subsequently joined Zafar Law Chambers in Multan in 2001 and remained there until his elevation to the Lahore High Court. During his time at Zafar Law Chambers, he practised the civil side, mainly from the trial court up to the top court and also appeared in the top court in famous and important cases relating to property, pre-emption and matters of inheritance.
He also served as an examiner and lecturer for various subjects at the University of Law College in Multan.
Justice Aminduddin was elevated to the LHC on May 12, 2011.
As a judge of the LHC, Justice Aminuddin remained a Syndicate member of various universities, including the University of Engineering and Technology in Lahore.
During his career as a judge, Justice Aminuddin decided thousands of old cases of a civil nature at the Bahawalpur Bench, Multan Bench and the Principal Seat in Lahore. Most of his judgments were upheld by the top court.
Strong legal history
Pakistan Muslim League-Nawaz (PML-N) lawyer Advocate Khalid Taj told [The Friday Times] that ever since Umar Atta Bandial became the Chief Justice of Pakitan, he never included Justice Aminuddin in a bench hearing a high-profile case of a political nature.
He further said that Justice Aminuddin has a quiet demeanour and is not known for speaking much; rather, he lets his verdicts speak for him.
Observers say that Justice Aminuddin's vote remained decisive in different high-profile cases in the Supreme Court to uphold the law and the Constitution.
It is believed that Justice Aminuddin rescued former CJP Isa in 2021 when a 10-judge bench heard review petitions against the top court's judgment on the latter's petition against presidential reference. The top court had accepted the review petitions in favour of then-justice Isa by a majority of 6-4, and Justice Aminuddin's vote proved decisive.
Justice Aminuddin also headed a five-member larger bench which heard the intra-court appeal (ICA) of the federal government against Justice Munib Akhtar's judgment delivered in 2023 in the Afia Sheharbano Zia's case, holding that judges who retire or resign do not fall within the ambit of Article 209 of the Constitution, which determines misconduct of the superior court judges.
The bench had set aside the 2023 judgment and allowed the federal government's ICA, which paved the way for removing another top court judge, Mazahir Ali Akbar Naqvi. Naqvi resigned from his post after complaints were filed against him by the Supreme Judicial Council (SJC) over corruption charges. Naqvi opted to retire voluntarily, hoping to escape further scrutiny and punishment, but because of Justice Aminuddin's judgment in the Afia Shehrbano Case, Naqvi was prosecuted and was removed post-facto, and his retirement benefits were withdrawn. The judgment of the five-judge bench headed by Justice Aminuddin, thus, ensured the accountability of judges within the superior courts.
With polarisation and groupings among judges of the top court observed to be intensifying in recent years, critics view Justice Aminuddin to be inclined towards former CJP Isa and his circle of close aides in different high-profile cases.
Justice Aminuddin was also part of the bench which heard review petitions in the Article 63-A case and lent his view in the unanimous decision to reverse the judgment authored by brother judge, Justice Akhtar — whose verdict had been termed by many as rewriting of the Constitution.
In the reserved seats case, Justice Aminuddin dissented with the majority judgment. In his dissenting note, Justice Aminuddin not only charge-sheeted the majority judges but also held, "any order of the court which is not in consonance with the constitutional provisions is not binding upon any other constitutional organ of state."
Some viewed this line in his note as quite egregious, and it was pointed out, among others, by senior puisne judge Justice Mansoor Ali Shah as inciting institutions to not obey binding verdicts of the top court.
Justice Aminuddin also partially allowed the trial of civilians through military courts for their alleged involvement in the May 9 incidents.
Although the Constitutional Bench, of which Justice Aminuddin has been named as the presiding judge, was formed for just two months, legal experts predict that Justice Aminuddin's tenure as head of the bench will continue former CJP Isa's legacy.