ISLAMABAD: A six-member constitutional bench commenced hearings on longstanding pending cases at the Supreme Court in Courtroom No. 3 on Thursday.
As per the cause list for November 14 and 15, the bench, led by Justice Amin-ud-Din Khan, will review 34 cases. This newly-formed bench, established under the 26th amendment to the constitution, is holding its inaugural session. Eighteen cases are scheduled for Thursday, with the remaining 16 set for Friday.
The constitutional bench consists of Justice Amin-ud-Din Khan, Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Syed Hasan Azhar Rizvi, Justice Musarrat Hilali, and Justice Naeem Akhtar Afghan. Due to Justice Ayesha A Malik’s unavailability on these dates, it was decided that a bench comprising all available judges would proceed with the hearings.
Among the cases under review is an environment-related case that has been pending since 1993. Additionally, the bench will hear a petition challenging the nomination of Justice Qazi Faez Isa as Chief Justice of the Balochistan High Court, filed by Riaz Hanif Rai Advocate, and a plea seeking to reschedule the 2024 general elections for February or March.
Environmental Issues
During Thursday’s hearing, Justice Muhammad Ali Mazhar emphasized that all environmental matters would be addressed. Justice Musarrat Hilali raised concerns over the widespread construction of housing societies, while Justice Jamal Khan Mandokhail noted that environmental pollution is a nationwide issue, stressing that vehicle emissions significantly contribute to pollution.
Justice Naeem Akhtar Afghan highlighted the environmental impact of replacing farmland with housing developments, observing that pollution from Lahore is now reaching Sheikhupura. He questioned why flat-style housing options were not being encouraged as an alternative.
The bench also received a letter regarding plans to convert parts of Islamabad into an industrial zone, with Justice Mandokhail underscoring the pollution risks tied to such developments. Justice Hilali voiced additional concerns over marble factories and poultry farms near schools in Khyber Pakhtunkhwa and noted that Environment Protection Agency officers in Islamabad rarely conduct field visits.
The constitutional bench requested reports from all provinces on efforts to address environmental pollution and postponed the hearings for three weeks.
Dismissal of Cases
The bench dismissed multiple cases that had become ineffective, including one related to narcotics. Additionally, a petition against the appointment of Qazi Jan Mohammad and another challenging the appointment of Muhammad Sohail as Director General of the Malir Development Authority were also dismissed.
In a review petition challenging Justice Qazi Faez Isa’s appointment as Chief Justice of the Balochistan High Court, the court ruled it ineffective.
The bench dismissed a petition seeking to delay the 2024 general elections, with Justice Mandokhail suggesting heavy fines for lawyers’ absences. The case challenging the Supreme Court (Review of Judgments and Orders) Act was also deemed ineffective.
A petition challenging legislation passed during the Pakistan Democratic Movement (PDM) government was dismissed with a Rs20,000 fine for being frivolous, as recommended by Additional Attorney General Aamir Rehman.
The bench also dismissed a petition seeking to ban government employees from marrying foreign nationals, with a Rs20,000 fine imposed. Justice Mandokhail noted that such matters are under Parliament’s purview.
Similarly, a petition requesting a ban on election candidates with foreign assets and bank accounts was dismissed, with a fine imposed. Justice Mazhar observed that the petitioner had not provided substantial evidence or names of individuals with foreign accounts.
