ISLAMABAD: On Monday, Supreme Court senior puisne judge Justice Mansoor Ali Shah raised concerns about the status and future of constitutional cases in the absence of a designated constitutional bench.
During the proceedings of a tax-related case, which was being heard by a three-member bench, Justice Mansoor questioned whether constitutional cases would remain unheard until a specific bench was formed.
His comments follow the passage of the 26th Amendment last month in both the National Assembly and the Senate, which includes provisions for the formation of designated constitutional benches at the Supreme Court and high courts.
These controversial constitutional changes have introduced uncertainty regarding the future of various cases and which benches are authorized to hear them.
Justice Mansoor specifically questioned the legitimacy of hearing constitutional cases in the absence of a designated constitutional bench, asking, “Until a constitutional bench is formed, are we unconstitutional?”
He further emphasized that even if the case was heard by the current bench, it was unclear what the consequences would be, adding that any review would also fall under their jurisdiction.
Justice Ayesha, in response to a query about the case, noted that it was meant to be heard by a constitutional bench, but in the absence of one, the matter remained unresolved.
Justice Mansoor suggested that the matter of whether constitutional cases could be heard by regular benches should be reconsidered, expressing frustration over the ongoing ambiguity.
While Justice Aqeel questioned if the three-member bench could proceed with the case, Justice Mansoor advised waiting to see how the situation would evolve.
Justice Ayesha added that the SC Practice and Procedure Committee would ultimately address the issue, though it would take time.
This is not the first time Justice Mansoor has commented on this matter. Last week, while hearing a case related to over-billing by Sui Northern Gas Pipelines Limited (SNGPL), he argued that not all cases should be transferred to a constitutional bench.
The Judicial Commission of Pakistan (JCP) had recently constituted a seven-member constitutional bench under Justice Amin-ud-Din Khan with a 7-5 decision. The bench includes judges from all provinces and will serve for two months.
