JCP, by 7 to 5 majority, forms constitutional bench under Justice Amin-ud-Din Khan

• Constitutional bench has representation from all provinces.
• CJP Afridi, Justice Shah among others oppose decision.
• Bench formed in light of contentious 26th Amendment.

ISLAMABAD: In light of the 26th Amendment approved by parliament last month, the Judicial Commission of Pakistan (JCP) has constituted a seven-member constitutional bench under Justice Amin-ud-Din Khan.  

According to an official statement issued on Supreme Court (SC) website, Chief Justice of Pakistan (CJP) Yahya Afridi-led judicial commission constituted the bench in 7-5 split decision, with a majority of the members voting in favour of the constitutional bench.

Sources told Geo News that CJP Afridi, senior-most judges Justice Mansoor Ali Shah and Justice Muneeb Akhtar and opposition PTI members Omar Ayub and Shibli Faraz opposed the decision.

The constitutional bench includes judges from all provinces; Justice Amin-ud-Din and Justice Ayesha Malik from Punjab, Justice Muhammad Ali Mazhar and Justice Hassan Azhar Rizvi from Sindh, Justice ⁠Jamal Khan Mandokhail and Justice Naeem Akhtar Afghan from Balochistan and Justice Musarrat Hilali from Khyber Pakhtunkhwa (KP) for a term of two months.

The newly-appointed chief justice chaired the first meeting after the reconstitution of the top judicial body in line with the 26th Amendment.

The meeting was attended by senior puisne judge Justice Shah, Justice Akhtar, Justice Amin-Ud-din, Senator Farooq H Naek, MNA Sheikh Aftab Ahmad, MNA Omar Ayub, Roshan Khursheed Bharucha, Law Minister Azam Nazeer Tarar, Senator Shibli Faraz, Attorney General for Pakistan Mansoor Usman Awan, and Pakistan Bar Council representative Akhtar Hussain.

At the outset of the meeting, Opposition Leader in the National Assembly Omar Ayub objected to the quorum of the commission highlighting the absence of one member.

“This objection was later put to a vote and by majority, the meeting affirmed that the proceedings are in consonance with the Constitution and can continue in the absence of one member,” said the statement.

The commission also discussed the establishment of a dedicated secretariat to support and perform its functions and, after thorough consideration, the body authorised the chairman (CJP) to proceed with its rule making and establishment.

According to the 26th Constitutional Amendment, the strength of the Judicial Commission is 13 members. The judicial commission is mandated to appoint judges to the Supreme Court, high courts, and the Federal Shariat Court (FSC).

As per the addition of Article 175-A in the Constitution through the 26th Amendment, the JCP will be headed by CJP and will also consist of two senators and two MNAs.

The commission would also consist of three senior-most judges of the Supreme Court, most senior judge of the constitutional bench, the Federal Minister for Law and Justice, the Attorney General for Pakistan, an advocate not having experience of less than 15 years of practice in the Supreme Court to be nominated by the Pakistan Bar Council (for two years).

A woman or non-Muslim member of parliament qualifies to be a parliamentarian to be nominated by the speaker for two years will also be part of the key panel.