Islamabad:
After a gap of more than two months, the Supreme Court’s constitutional bench (CB) will resume work from September 8. The last hearing was held on June 27 when the bench overturned a former SC judgment entitled to PTI to reserved seats.
According to the court list, a five-judge CB led by Justice Aminuddin Khan will hear questions related to the interpretation of the law and the Constitution from September 8 to 12. It is expected that the same bench will also resume the procedure in the Super Tax case.
Since November last year, CB has not been able to decide the fate of the 26th constitutional amendment. In January, the bench took up the case, but postponed it for three weeks and the case has not been heard since.
Interestingly, the actual creation of CB is under challenge. Questions have been raised about how the recipients of the 26th constitutional amendment can decide their own future.
The dynamics of the point of point have since changed. Eight new judges have been raised to the Supreme Court since February, most of which are now included in CBS. Currently, 15 judges are nominated for CBS. Even after ten months, they have not framed rules for their regulation.
Article 191a (2).
This provision shows that it is the CB judges that must hit the rules. Justice Jamal Khan Mandokhail also raised this question during the case for reserved seats.
So far, CB has issued three key decisions.
Performing review jurisdiction overturned a former SC judgment that gave PTI to reserved seats. It approved the lawsuit against PTI activists in military courts, and it maintained the transfer of judges from various high courts to Islamabad High Court (IHC), a process initiated by the director.
However, detailed judgments in all three cases – crucial to the independence of judiciary, fundamental rights and democracy – are still awaiting. Two minority judges have issued detailed statements in the Military Court case, but the majority decision has been pending since May 7.
CB could also soon submit a detailed decision on Sunni Itthad Council’s objection to the composition of the petitions for consultation of bench reviews in the case for reserved seats.
Meanwhile, IHC judges have challenged the majority decision that approved transfers to IHC, and it is expected that their intra-cart Appel (ICA) will be listed in the next judicial year.
Observers note that the delay in judging petitions against the 26th constitutional amendment will further erode public confidence, especially when concern is already raised about the exclusion of dissenting judges from CB.
