Afridi sets policy for constitutional cases

ISLAMABAD:

The upcoming chief justice of Pakistan, Yahya Khan Afridi, has issued his first administrative order, offering policy guidelines for the Supreme Court Registrar Office with regard to transfer of cases involving some interpretation of the Constitution to the newly formed Constitutional Bench of the SC.

During hearing of a matter, Justice Shahid Waheed on Thursday remarked that constitutional provisions would need to be interpreted in this case and suggested that the case should now be transferred to a constitutional bench.

Advocate Salman Aslam Butt also seconded the judge's view, stating that, "I didn't want to say it, but that's exactly what should happen."

Justice Yahya Afridi, who was heading the three-member bench, noted that he has already given a policy to the registrar's office regarding the constitutional bench.

"The office has been instructed to create a separate category for cases in which any law is challenged, and cases requiring constitutional interpretation will be transferred accordingly," he said.

Various benches of the Supreme Court had also transferred cases to the constitutional bench the previous day. The parliament on October 21 passed the 26th Constitutional Amendment, paving way for constitutional benches of the Supreme Court.

These benches may comprise an equal number of judges from each province. The most senior judge shall be the presiding judge of the constitutional benches. These benches will hear original, appellate and advisory jurisdiction of the top court. 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.