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.
After the meeting, Federal Law Minister Azam Nazir Tarar confirmed that the names of various judges were considered, however, the commission would reconvene on November 25 to further discuss the matter. Until then, all judges of the Sindh High Court are authorized to hear constitutional cases, he said while talking to the media.
He further explained that commission member Justice Jamal Mandokhel arrived late to the meeting due to a delayed flight and another member, Akhtar Hussain, was unable to attend due to his wife’s illness.
Meanwhile, a meeting of the Supreme Judicial Council, chaired by the CJP, was also held. The meeting that continued for about three hours reviewed the complaints filed against judges. Complaints against 10 judges were dismissed, as per a declaration issued after the meeting.
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Sources said those present during the meeting wre Justice Mansoor Ali Shah, Justice Muneeb Akhtar, as well as Islamabad High Court Chief Justice Aamir Farooq and Balochistan High Court Chief Justice Hashim Kakar.
In its previous meeting held on Nov 5, the Judicial Commission of Pakistan, chaired by Chief Justice of Pakistan Yahya Afridi, approved the formation of a constitutional bench in the Supreme Court, with Justice Aminuddin Khan appointed as its head.
The meeting concluded with the approval of seven judges for the constitutional bench, representing each province. Justice Ayesha Malik and Justice Aminuddin Khan from Punjab, Justice Jamal Khan Mandokhel and Justice Naeem Akhtar Afghan from Balochistan, Justice Muhammad Ali Mazhar and Justice Hasan Azhar Rizvi from Sindh, and Justice Musarrat Hilali from Khyber Pakhtunkhwa will form the bench.
The decision was passed with a 7-5 vote, with Chief Justice of Pakistan Yahya Afridi, Justice Mansoor Ali Shah, Justice Muneeb Akhtar, and PTI's Omar Ayub and Shibli Faraz opposing the majority decision. The law minister, attorney general for Pakistan, and Pakistan Bar Council’s Akhtar Hussain, along with Farooq H Naik, Aftab Ahmed, and Roshan Khurshid Bharocha, voted in favour of the head of the bench.
Constitutional bench composition
The composition of the constitutional bench reflects representation from each province:
Punjab: Justice Aminuddin Khan (head of the bench) and Justice Ayesha Malik.
Balochistan: Justice Jamal Khan Mandokhel and Justice Naeem Akhtar Afghan.
Sindh: Justice Muhammad Ali Mazhar and Justice Hasan Azhar Rizvi.
Khyber Pakhtunkhwa: Justice Musarrat Hilali.
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Furthermore, Justice Aminuddin Khan also became a member of the Supreme Court Practice and Procedure Committee. Under the Practice and Procedure Amendment Act, the head of the constitutional bench shall become the third member of the committee.
The remaining members of the committee are Chief Justice Yahya Afridi and most senior judge, Justice Mansoor Ali Shah.
