Islamabad:
After a difference of more than two months, the Constitutional Banc of the Supreme Court (CB) will resume the work of September 8. The last hearing took place on June 27, when the bench canceled a previous judgment of SC which was entitled to the PTI at the reserved seats.
According to the list of the court, a CB of five judges led by judge Aminuddin Khan will hear questions related to the interpretation of the law and the constitution from September 8 to 12. It is planned that the same bench will also resume procedures in the super tax case.
Since November of last year, the CB has not been able to decide the fate of the 26th constitutional amendment. In January, the bench approached the question but postponed it for three weeks, and the case has not been heard since.
Interestingly, the very creation of CB is subject to a challenge. Questions have been raised about how beneficiaries of the 26th constitutional amendment can decide on their own future.
The dynamics of the Supreme Court has since changed. Eight new judges have been raised to the Supreme Court since February, most of which are now included in the CBS. Currently, 15 judges have been nominated for the CBS. However, even after ten months, they did not develop rules for their regulations.
Article 191a (6) provides that, notwithstanding everything that contained in the Constitution but subject to the law, the judges appointed under the clause (1) may make rules regulating the practice and the procedure of the CBS.
This provision shows that it is the CB judges themselves who must supervise the rules. Juma Jamal Khan Mandokhail also raised this issue during the reserved seats.
Until now, the CB has rendered three key decisions.
Exercise of the examination jurisdiction, he canceled a previous verdict of SC granting the PTI to the reserved seats. He approved the trial of PTI activists before the military courts and confirmed the transfer of judges of various high lessons to the High Court of Islamabad (CIH), a process initiated by the executive.
However, judgments detailed in the three cases – crucial for the independence of the judiciary, fundamental rights and democracy – are still expected. Two minority judges have issued detailed opinions in the military court case, but the majority judgment has been underway since May 7.
The CB could also soon render a detailed decision on the objections of the Sunni Ittehad Council to the composition of the bench examination petitions in the reserved seats case.
Meanwhile, the IHC judges challenged the majority decision which approved the transfers to the IHC, and it is expected that their Intra-Cour (ICA) appeal will be listed during the next judicial year.
Observers note that the delay in petitions of judgment against the 26th constitutional amendment will further erode public confidence, especially since concerns are already raised concerning the exclusion of dissident judges from the CB.
