The three-judge committee tasked with fixing cases of constitutional interpretation and Article 184(3) has decided to approach the Judicial Commission of Pakistan (JCP) for the nomination of a judge to be included in the bench to hear the military court cases regarding the May 9 incident.
According to a press statement issued from the top court's spokesperson office, the Committee, constituted under Article 191A (4) of the Constitution, convened its third meeting on November 13, with the Head of the Constitutional Bench, Justice Amin-ud-Din Khan, in the chair.
Regarding the trials of civilians involved in the May 9 incidents in military courts, the Committee noted that Justice Ayesha A. Malik, being a member of the earlier bench whose judgment is under challenge, cannot serve on the Constitutional Bench for these appeals.
"Since the original ICAs were heard by a seven-member bench, the Committee resolved to approach the Judicial Commission of Pakistan for the Constitutional Bench to ensure the matter is heard promptly," stated the press release.
The Committee also reiterated that the Supreme Court exclusively holds the authority to transfer cases under Article 186A of the Constitution, and such matters will continue to be heard by regular benches. "Only cases under Article 199 that involve significant constitutional questions or substantial issues of law will be referred to the Constitutional Bench."
The meeting was attended by Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, and the Registrar. The Committee deliberated on several critical matters aimed at improving the efficiency and transparency of case management, particularly for the Constitutional Bench.
"To expedite the disposal of pending appeals under Order V, Rule 3 of the Supreme Court Rules, 1980, the Committee directed the office to categorize and compile cases within one week, and to fix five chamber appeals daily for hearing before each member of the Committee."
"To address the increasing workload, the Committee recommended requisitioning a competent Civil Judge to provide judicial assistance to the Bench."
The Registrar was also tasked with preparing draft rules to regulate the practice and procedures of the Constitutional Bench in consultation with Justice Muhammad Ali Mazhar, with the final draft to be reviewed by the Committee for approval.
"In line with measures to improve case identification and tracking, the Committee approved the use of a distinctive green stamp marked 'Constitutional Bench' for all relevant case files." This change will also be reflected in the Court's IT-based Case Flow System through integrated, color-coded tagging, according to the press release.
Order sheets for constitutional matters were standardized to include the headings "In the Supreme Court of Pakistan," "Constitutional Bench," and the specific jurisdiction type, whether original, appellate, or advisory.
To ensure procedural clarity, all cases under Article 191A will include titles explicitly designating them as belonging to the Constitutional Bench of the Supreme Court of Pakistan. "Furthermore, it was decided that parties filing such cases must prepare and submit at least seven paper books." Applications for early hearings will be placed before the Committee until the procedural rules for urgent cases are finalized, ensuring prioritized attention to pressing matters, the statement added.
In a significant step to enhance operational efficiency, the Committee resolved to establish a dedicated branch to handle constitutional matters under Article 191A. This branch will be adequately staffed to ensure the smooth processing of cases.
Additionally, cases already transferred to the Constitutional Bench by the Supreme Court will be scheduled in accordance with the approved roster.