The constitution bench was also mentioned during the hearing of the tax related case (Photo: AFP).
Justice Mansoor Ali Shah, a senior judge of the Supreme Court, has said in his remarks during the hearing of a tax-related case that ‘are we unconstitutional until the constitutional bench sits?’
The recently constituted constitution bench was also mentioned during the hearing of the tax related case in the Supreme Court on Monday.
Meanwhile, Justice Ayesha Malik remarked that this case will be heard by the Constitutional Bench. We are hearing the case in the regular bench.’
In response to Justice Ayesha Malik’s remarks, Justice Mansoor Ali Shah said that at present there is no constitutional bench. What is to be done with the unconstitutional bench that is sitting now?’
He raised the question that ‘are we unconstitutional until the constitutional bench sits? This means that constitutional cases will not be heard until the constitution bench sits.
Justice Mansoor Ali Shah added in his remarks that ‘Even if we hear this case, no one can ask us. Now again and again the question comes up whether the case will be heard by the regular bench or the constitutional bench?
He raised the question that ‘even if we decide the case, what will happen? Who is going to stop us? If the review application will also come to us, then we will say that we have jurisdiction.
Justice Mansoor Ali Shah said regarding the constitutional cases that constitutional cases cannot be heard by the regular bench. No support is coming from the lawyers either.
After Justice Mansoor Ali Shah’s remarks, Justice Aqeel Abbasi asked, ‘So can we hear this case or not?’
Justice Ayesha Malik said in her remarks regarding the case that “According to Article 2A, the Practice and Procedure Committee will decide whether the case will be heard by a constitutional bench or a regular bench, but it will take time.”
Later, the court adjourned the hearing of the case indefinitely.
It should be remembered that after the 26th constitutional amendment, Justice Aminuddin was appointed as the head of the 7-member constitutional bench in the Judicial Commission meeting on November 5.
The decision of the Constitution Bench in the Judicial Commission was decided by a ratio of 7 to 5.
Chief Justice Yahya Afridi, Justice Mansoor Ali Shah, Justice Muneeb Akhtar, Umar Ayub and Shibli Faraz opposed the formation of a bench headed by Aminuddin Khan while the rest of the members voted in support.
The names of Justice Aminuddin and Justice Ayesha Malik from Punjab and Justice Muhammad Ali Mazhar and Justice Hasan Azhar Rizvi from Sindh have been included for the Constitution Bench.
Justice Jamal Mandukhel and Justice Naeem Akhtar Afghan from Balochistan and Justice Musrat Hilali from Khyber Pakhtunkhwa have been included in the constitution bench.
The Federal Government through the approval of the 26th Constitutional Amendment by the Parliament made the establishment of Constitution Benches in the Supreme Court and High Courts a part of the Constitution under which only the Constitution Bench was empowered to hear all the cases related to the Constitution.
