SC judges bring wit to court over 26th Amendment

The recently passed 26th Constitutional Amendment echoed in the Supreme Court during hearing of multiple cases on Monday, invoking light-hearted remarks from senior puisne judge Justice Mansoor Ali Shah and Justice Ayesha Malik.

During hearing of a case, Justice Shah remarked that the question of jurisdiction would "arise every day" in the Supreme Court, whether the case would be heard by a regular bench or the constitutional bench.

Parliament passed the 26th Constitutional Amendment overnight that aimed at introducing judicial reforms, promised by the ruling coalition parties, the Pakistan Peoples Party (PPP) and the Pakistan Muslim League-Nawaz (PML-N). President Asif Zardari signed the bill on Monday to enact it.

Through the Amendment Bill, significant changes were made not only in the criteria for selecting the chief justice of Pakistan but a separate constitutional bench had been constituted in the Supreme Court and the high courts to limit the judicial activism.

It set the term of the chief justice of Pakistan to three years and established a Special Parliamentary Committee, to nominate the chief justice from amongst the three most senior judges. The committee will send the name to the prime minister who will forward it to the president for appointment.

During the hearing on a case related to the establishment of Climate Change Authority, Justice Shah had a conversation with the additional attorney general (AAG). He asked the AAG whether the notification for the appointment of Climate Change Authority had been issued.

The AAG replied in negative. On that Justice Shah asked the AAG as to where the Attorney General for Pakistan (AGP) was. The AAG replied that the AGP was busy last night therefore he did not come. Smilingly, Justice Shah quipped, saying that his work would have been done now.

The court then adjourned the hearing of the case for two weeks and asked the AGP to appear on the next date.

During the hearing on the appeal against a decision of the high court regarding the Competition Commission of Pakistan (CCP), Justice Mansoor Ali Shah mentioned the constitutional bench – a main part of the 26th Amendment.

Justice Shah enquired whether this case would now go to the constitutional bench or the current bench could hear it. It seemed now, he continued, the question would arise every day in the Supreme Court whether the case would be heard by the regular bench or the constitutional bench.

Farogh Naseem, the lawyer for the applicant in the case, said that political cases had now become the constitutional cases. On that sitting on the bench, Justice Ayesha Malik smiled and said: "Now it's up to you and your constitutional benches."

Justice Shah said that they were adjourning the hearing of the case for three weeks, by which time the situation would be clearer. Justice Malik asked the lawyer to read the new amendment as cases involving Article 199 of the Constitution could not be heard here. Justice Shah said it would take some time to understand it.