The Judicial Commission of Pakistan, led by Chief Justice Yahya Afridi, has approved the formation of a constitutional bench, appointing Justice Aminuddin Khan as its head.
This decision marks a significant action for the commission following the 26th constitutional amendment and its reorganization. During the meeting, seven judges were approved to join the constitutional bench, ensuring representation from each province. The appointed members include 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.
The decision was passed by a 7-5 majority, with Chief Justice Yahya Afridi, Justice Mansoor Ali Shah, Justice Muneeb Akhtar, and PTI’s Omar Ayub and Shibli Faraz opposing. Voting in favor were the law minister, the attorney general, Pakistan Bar Council’s Akhtar Hussain, along with Farooq H Naik, Aftab Ahmed, and Roshan Khurshid Bharocha.
Constitutional Bench Composition
The bench composition is as follows:
- 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
Additionally, Justice Aminuddin Khan has joined the Supreme Court Practice and Procedure Committee, with the Practice and Procedure Amendment Act stipulating that the head of the constitutional bench automatically becomes the committee’s third member. The remaining committee members are Chief Justice Yahya Afridi and senior judge Justice Mansoor Ali Shah.
This session, the first after the 26th amendment and reorganization, also discussed establishing the Judicial Commission’s Secretariat and the procedures for nominating judges to Supreme Court constitutional benches.
Justice Mandokhel was confirmed as the 13th member of the Judicial Commission, joining Justice Aminuddin Khan, who, as the head of the constitutional bench, also serves as a commission member. Under the constitutional amendment, if the bench head is already on the commission, they will be recognized as the second senior judge member.
