ISLAMABAD: Senior Judge of the Supreme Court (SC) Justice Mansoor Ali Shah on Monday opposed transferring every case to constitutional benches, saying that more cases should remain with regular benches of the apex court.
He made the remarks during a hearing on an overbilling case. While speaking to the petitioner’s counsel, Justice Masnorr advised against forwarding every case to a constitutional bench, noting, “Leave some cases with us too,” he observed.
During the hearing, the petitioner’s counsel argued that the 26th Amendment had introduced new grounds, justifying the case’s referral to a constitutional bench.
However, Justice Shah remarked that this particular case did not involve major constitutional or legal questions. The court later disposed of the case, noting that appeals regarding previous judgments on overbilling remained pending.
Meanwhile, the Judicial Commission of Pakistan (JCP) is expected to hold its first meeting on Tuesday, November 5 to discuss the formation of constitutional benches within the Supreme Court under the newly passed 26th Constitutional Amendment.
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According to a notification, the commission chaired by Chief Justice of Pakistan (CJ) Yahya Afridi now comprises 12 members including three senior SC judges Syed Mansoor Ali Shah, Munib Akhtar and Aminuddin Khan.
Other members are Attorney-General for Pakistan Mansoor Awan, Minister for Law Azam Nazeer Tarar and a representative of the bar, Akhtar Hussain Advocate.
Four lawmakers, a senator and an MNA from the treasury benches, and a senator and an MNA from the opposition benches are also part of the commission. A parliamentarian has also been nominated for the women’s seat.
According to the JCP notification, the commission will meet at the Supreme Court building at 2 pm on November 5 to discuss the establishment of a secretariat for the commission and nomination of judges for constitutional benches of the Supreme Court.
