First case lands in SC constitutional bench

Justice Shah refers sacked employees' plea, Judge says case involves constitutional point

ISLAMABAD:

Even before the creation of constitutional benches, as stipulated by the 26 Constitutional Amendment Bill passed by parliament on Monday, the first case was referred to one on Wednesday by a three-member bench of the Supreme Court.

The bench, headed by Justice Mansoor Ali Shah, referred a petition for the reinstatement of seven sacked employees of the petroleum and natural resources ministry to the constitutional bench, observing that the matter involved a constitutional point.

The sacked employees had first approached the high court before moving the Supreme Court for reinstatement. Justice Shah observed that 26th Amendment required all constitutional cases to be heard by constitutional benches.

Justice Ayesha Malik also observed that it was an important case and would be heard the constitutional bench. Earlier, Advocate Waseem Sajjad told the court that a peaceful life was the constitutional right of every citizen.

The 26th Constitutional Amendment Bill sailed through the Senate and the National Assembly on Sunday and Monday, allowing the creation of constitutional bench, and changing the process for the appointment of judges as well as the chief justices.

The constitutional bench at the Supreme Court had been created through an amendment to Article 191-A. "There shall be constitutional bench of the Supreme Court, which may comprise equal number of judges from each province," the bill stated.

These benches will hear original, appellate and advisory jurisdiction of the top court, it said, adding that the bench shall not be less than five judges. Under Article 202A, constitutional benches will be established in high courts and they will hear only constitutional matters.

Interestingly, the 26th Amendment invoked light-hearted remarks from Justice Shah and Justice Malik during the hearing of different cases on Monday. Justice Shah remarked that the question of jurisdiction would "arise every day", whether a case would be heard by a regular bench or the constitutional bench.

At another hearing, senior lawyer Farogh Naseem said that political cases had now become constitutional cases. Justice Malik, sitting on the bench, smiled and said: "Now it's up to you and your constitutional benches."

Justice Malik asked the lawyer to read the new amendment as cases involving Article 199 of the Constitution would not be heard here [regular bench]. Justice Shah said it would take some time to understand it.