Constitutional bench resumes hearing of long-pending cases

• Ali Zafar-Meesha Shafi harassment case to be heard today.
• Matter of Convention Centre’s private use to be taken up.
• Case pertaining to jurisdiction of GB courts in Pakistan.

ISLAMABAD: The six-member constitutional bench has resumed hearing of cases that have been pending in the Supreme Court for years. 

The new bench, constituted under the 26th Constitutional Amendment, held its first-ever hearing of cases on Thursday, aiming to clear the large backlog and provide justice to petitioners.

The Justice Amin-ud-Din Khan-led bench had to hear around 34 cases as per the cause list for November 14 and 15. Eighteen of these cases were scheduled for Thursday and the remaining 16 set for Friday (today).

With Justice Khan in the lead, the constitutional bench includes Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Syed Hasan Azhar Rizvi, Justice Musarrat Hilali and Justice Naeem Akhtar Afghan.

Owing to the unavailability of Justice Ayesha A Malik on November 14 and 15, a relevant committee had decided that a bench comprising all available judges should be constituted to proceed with the cases on these dates.

The bench will hear various natures of cases today, including a case pertaining to bringing back money allegedly stashed abroad after embezzlement here, a case regarding women’s harassment at an office, the long due case of harassment between two celebrities — Ali Zafar and Meesha Shafi, the matter of Islamabad Convention Centre’s private use, ambit of Gilgit-Baltistan courts in Pakistan as well as different petitions of Defence Minister Khawaja Asif pertaining to energy projects.

The previous day, the bench had conducted hearing of 18 cases, including one challenging appointment of former chief justice Qazi Faez Isa as the Balochistan High Court (BHC) chief justice and another related to environmental hazards.

The bench heard 18 cases, advancing proceedings on four while concluding 14, terming some of them frivolous. Justice Mandokhail noted that 60,000 cases are pending due to similar frivolous petitions.

Islamabad Convention Centre usage case

The bench first heard the case regarding the private use of the Islamabad Convention Centre. During the proceedings, the constitutional bench sought a response from the Attorney General’s office on the matter.

Justice Mazhar noted that a notice had also been issued to a former prime minister as part of this suo motu case. Justice Mandokhail directed that the convention centre should be managed according to the institution's policy.

The Additional Attorney General requested time to gather information regarding outstanding dues, to which Justice Aminuddin responded" “Obtain the information and update the court shortly.”

Subsequently, the court adjourned the hearing for a while.

Contempt of court case against ex-ombudsperson

Meanwhile, the Supreme Court's constitutional bench granted additional time for the counsel representing the Federal Ombudsperson to submit a response.

Justice Aminuddin noted that former federal ombudsperson Yasmin Abbasi did not appear before the court, although Justice Mazhar highlighted that she had previously attended hearings in person.

Justice Jamal Mandokhail remarked that Abbasi is no longer the federal ombudsperson, questioning why the court should continue to focus on a former official.

Justice Hilali raised the issue of whether the federal ombudsperson’s proceedings can be challenged in the high court. Justice Aminuddin clarified that if any forum acts beyond its authority, the high court has jurisdiction.

Justice Mazhar added that the matter remains unresolved and pointed out that the Lahore High Court had issued arrest warrants for a judge during this case.

Justice Mazhar stated that Abbasi should be notified and informed about the proceedings, adding that the ombudsperson continued the case despite a high court stay order, constituting contempt of court.

Justice Mandokhail instructed that a notice be issued to the current Federal Ombudsperson to clarify whether they wish to proceed with the matter or withdraw it.

The court ordered the counsel for the Federal Ombudsperson to provide instructions and submit a response, adjourning the hearing.

Previously, Lahore High Court's former judge Justice Mansoor Ali Shah had directed the Federal Ombudsperson to stop proceedings in a harassment case against a woman.

Despite this, the ombudsperson had issued a contempt notice and arrest warrants against Justice Mansoor, escalating tensions between the Federal Ombudsperson and the judiciary.

Meanwhile, the Supreme Court's constitutional bench also concluded the case concerning appeals under the Banking Ordinance.

Additionally, the bench postponed the hearing of the case related to the service structure of Lady Health Workers.

The court has consolidated all cases involving Lady Health Workers and issued notices to the relevant parties.

Furthermore, the constitutional bench dismissed the Al-Jehad Trust versus Federation case, deeming it ineffective.

This is a developing story and is being updated with more details.