Of writ and litigation

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The honourable judges of the Supreme Court are apparently in a puzzle over jurisdiction. The formation of benches and designation of cases is in the spotlight. There seems to be a confusion in distinguishing as to which cases shall be heard by regular benches of the apex court and which ones by the newly-created constitutional court. The 26th constitutional amendment has blurred this demarcation riddle, which has once again brought the matter of Supreme Court (Practice and Procedure) Act 2023 in question. Moreover, the ongoing difference of opinion among the learned judges pertains to the pivot of writ, as frequent commissioning of benches and changes in roster have compelled the senior puisne judge to remark, "…if the [three-judge] committee is taking back ongoing cases, then the judiciary's independence has ended."

The issue surfaced as a case under regular bench was transferred to the constitutional bench, stirring concern from senior-most judges whether regular benches of the top court can determine the constitutionality of Article 191A under which the constitu¬tional bench was established after the 26th Amendment. Experts believe this row could graduate into a full court reference to determine the veracity, splitting the Brother Judges on the premise of their learned interpretation. A two-member, however, headed by Justice Mansoor Ali Shah, will take up the matter today to rule on the frequent change of judges from benches, and to determine as to who should sit in judgment.

Chief Justice Yahya Afridi must live up to his resolve of keeping the superior judiciary united. It goes without saying that the 26th amendment has led to fissures, and dichotomy is evident at the Supreme Court, as a parallel court to rule on constitutional matters is in the eye of the storm. While a judicial officer stands suspended for his alleged bureaucratic intervention in Lords' domain, the matter must be addressed in all legality. It is incumbent upon the judiciary to undertake a review of recent legislations to clear the air of misgivings, paving the way for upholding the spirit of constitutional supremacy.