Justice Amin-ud-Din Khan to head SC’s seven-member constitutional bench

The Judicial Commission of Pakistan (JCP) in its first meeting on Tuesday approved a seven-member constitutional bench to be headed by Justice Amin-ud-Din Khan.

The reconstitution of the Judicial Commission was done in light of the 26th Amendment approved by parliament last month.

The first JCP meeting was called by Chief Justice Yahya Afridi after National Assembly Speaker Ayaz Sadiq sent the parliamentary nominations for the judicial commission.

Previously, the committee comprised five Supreme Court judges (including the CJP as its chairman), the attorney general for Pakistan, the federal law minister, a former chief justice and a senior advocate nominated by the Pakistan Bar Council.

According to a press release, the revamped JCP held its first meeting today with Chief Justice Yahya Afridi in the chair.

Justice Mansoor Ali Shah, Justice Munib Akhtar, Justice Aminuddin Khan, Federal Law Minister Azam Nazeer Tarar, Attorney General for Pakistan Mansoor Usman Awan, Senator Farooq Hamid Naek, Senator Syed Shibli Faraz, MNAs Sheikh Aftab Ahmad, Omar Ayub Khan and Roshan Khurshid Bharucha attended the meeting.

“At the outset, Leader of Opposition in the National Assembly Omar Ayub objected to the quorum of the commission, highlighting the absence of one member,” the press release said.

As per the press release, his objection was put to a vote and, via majority, it was decided that the “proceedings are in consonance with the Constitution and can continue in the absence of one member”.

According to the press release, the commission also considered the formation of a constitutional bench within the SC to consider the constitutional cases.

It said that the chief justice expressed views regarding the constitutional bench under the Constitution’s Article 175(A), suggesting a certain duration of the Bench.

“Other participants also expressed their views on the matter which was considered and thoroughly debated,” it said.

Following a vote, the majority — seven out of 12 — approved a seven-member Constitutional Bench with representation from all four provinces for a term of two months.

The constitutional bench will comprise Justice Aminuddin Khan (chairman), Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Ayesha Malik, Justice Syed Hasan Azhar Rizvi, Justice Musarrat Hilali, Justice Naeem Akhtar Afghan.

Justice Khan and Justice Ayesha Malik will represent Punjab on the bench while Justice Naeem Akhtar Afghan and Justice Jamal Khan Mandokhail will represent Balochistan.

Justice Muhammad Ali Mazhar and Justice Hassan Azhar Rizvi will represent Sindh while Justice Musarrat Hilali will represent KP on the bench.