After the seven-member constitutional bench and its bench fixing committee were finalised in the Supreme Court and the high courts, the top court has started scrutinising cases ahead of fixing them before the relevant benches for hearing.
The top court's Senior Research Officer (SRO) has been tasked with scrutinising cases arising out of Article 199 of the Constitution.
This was decided during a meeting of the constitutional benches held last week by the newly-appointed presiding judge, Justice Aminuddin Khan. The meeting was held on November 6, minutes of which were issued on Monday. The minutes said the meeting was attended by Supreme Court's Registrar Muhammad Salim Khan, Additional Registrar Judicial Nazar Abbass, SRO Mazhar Ali Khan, Institution Officer Nazeer Ahmed, Judicial Assistants Abdul Rehman and Mubashir Ahmad.
The meeting reviewed the workings and the practice of processing constitutional petitions and proposed a strategy for the future while working out modalities for the rapid functioning of the constitutional benches. Earlier, during the meeting, Justice Aminuddin Khan was briefed about the cases lodged under Articles 184(1), 184(3) and 186 (including human rights cases) pending before the bench.
It was decided that cases shall be colour-coded to clearly indicate whether they fall under the purview of Article 191-A of the Constitution or not.
However, it was decided that the fixation, sitting of benches, issuance of court roster and the number of cases to be heard in a week will be decided after consulting with the remaining two senior-most members of the constitutional bench, in accordance with Article 191-A Clause (4); a committee comprising the senior-most judge of the constitutional benches and next two senior-most judges from amongst the judges nominated under clause (1), will constitute a bench consisting of not less than five judges for the purposes noted in clause (3) of the instant Article," stated in minutes of the meeting.
It added that since one committee member was unavailable due to travel abroad, the next meeting will be scheduled as soon as all members are available.
SCBA welcomes the Constitutional Bench
The Supreme Court Bar Association of Pakistan (SCBAP) President Mian Muhammad Rauf Atta has praised the constitution of the seven-member constitutional bench of the Supreme Court, chaired by Justice Aminuddin Khan.
Justice Aminuddin Khan was nominated as the head of the constitutional bench in the Supreme Court during a meeting of the Judicial Commission of Pakistan( JCP) held on November 5, 2024, under the 26th Constitutional Amendment.
The SCBA president expressed confidence in the competence and integrity of all members of the newly formed constitutional bench, affirming their capability to address pivotal
constitutional matters. He expressed hope that the bench would quickly commence its work to reduce the substantial backlog of constitutional cases, which is currently
affecting the efficiency of the Supreme Court in fulfilling its primary task of the swift and effective dispensation of justice to the public at large.
He also welcomed the recent initiatives taken by Chief Justice Yahya Afridi aimed at facilitating problems related to case management, particularly for lawyers and litigants. He acknowledged the steps taken by the top court, such as the issuance of a monthly cause list, fixation of early and urgent hearing applications, and addressing overall case pendency. He termed these steps as both timely and essential for addressing the significant case backlog facing the Supreme Court.