Legal battles may shape nation's future

All eyes on Justice Aminuddin-led committee to chart key case path

ISLAMABAD:

After the nomination of seven judges to the constitutional benches, all eyes are now on the three judges committee, led by Justice Aminuddin Khan, to see which constitutional matters will be fixed for hearing in the next two months.

Justice Aminuddin Khan is being considered the most important judge in the apex court now, as his role as head of the committee involves shortlisting constitutional cases for adjudication – outcome that could significantly impact national politics.

Justice Aminuddin Khan was heading the larger bench hearing the government's intra-court appeals against the ruling that declared civilian trials in military courts unconstitutional.

The two other members of the committee - Justice Jamal Khan Mandokhail and Justice Muhammad Ali Mazhar - were also part of that larger bench. The matter remains pending in the apex court.

It will be interesting to see whether the committee will consider fixing the petitions against 26th Constitutional Amendment. Though, the constitutional benches are the creation of this amendment, so the question may arise as to whether the constitutional bench could hear those petitions.

It is also learnt that some senior politicians have decided to challenge the 21st Constitutional Amendment, which was passed in 2015 to establish military courts to try terrorists.

Balochistan National Party-Mengal (BNP-M) chief Akhtar Mangal, Mustafa Nawaz Khokhar, Fahmida Mirza and Mohsin Dawar will file the joint petition against the 21st Amendment through lawyer Salahuddin Ahmed.

All petitioners would also request the apex court to constitute full court for the hearing of their petition. Some lawyers are criticising Chief Justice Yahya Afridi for not fixing petitions on same subject on November 4.

During a meeting of Judicial Commission of Pakistan (JCP), Chief Justice Afridi suggested that all the Supreme Court judges should be nominated for constitutional benches.

However, majority of the JCP members rejected his proposal. Only two senior judges and two Pakistan Tehreek-e-Insaf (PTI) members supported the suggestion. Even Justice Aminuddin Khan did not support his proposal.

Now, all eyes are on the seven judges of the constitutional benches as to how they will restore the image of the judiciary and maintain their independence, as these judges have been nominated by the government members in the JCP.

Another important matter is the review petitions against July 12 order of the full court in the reserved seats case. The Election Commission of Pakistan (ECP) has so far not implemented the order.

A law officer believes that 13 judges will be required to hear the review petitions against the reserved seats case judgment. He said that these seven judges' nomination is for two months, adding that the JCP may sit again by or before this period ends.

There are chances that the Supreme Court may initiate proceedings regarding the implementation of July 12 order in near future. Out of the seven nominated judges, three judges are signatory to July 12 majority order.

Currently Justice Mandokhail is abroad. There is no report about the first meeting of the committee to fix constitutional cases.