JCP, by 7 to 5 majority, forms constitutional bench under Justice Amin-ud-Din Khan
1. CJP Afridi, Justice Shah, Justice Akhtar and PTI's Shibli Faraz, Omar Ayub oppose decision, say sources
ISLAMABAD: Following the approval of the 26th Amendment by parliament last month, the Judicial Commission of Pakistan (JCP) has established a seven-member constitutional bench, led by Justice Amin-ud-Din Khan.
An official statement from the Supreme Court (SC) revealed that the JCP, under the leadership of Chief Justice of Pakistan (CJP) Yahya Afridi, voted 7-5 in favor of forming the constitutional bench.
Sources informed Geo News that opposition came from CJP Afridi, senior judges Justice Mansoor Ali Shah and Justice Muneeb Akhtar, and PTI members Omar Ayub and Shibli Faraz.
The newly-formed constitutional bench includes judges from across the country: Justice Amin-ud-Din and Justice Ayesha Malik from Punjab, Justice Muhammad Ali Mazhar and Justice Hassan Azhar Rizvi from Sindh, Justice Jamal Khan Mandokhail and Justice Naeem Akhtar Afghan from Balochistan, and Justice Musarrat Hilali from Khyber Pakhtunkhwa (KP). The bench's term will last for two months.
The meeting was the first chaired by the newly-appointed CJP following the reconstitution of the Judicial Commission under the 26th Amendment. It was attended by Justice Shah, Justice Akhtar, Justice Amin-ud-Din, Senator Farooq H. Naek, MNA Sheikh Aftab Ahmad, MNA Omar Ayub, Roshan Khursheed Bharucha, Law Minister Azam Nazeer Tarar, Senator Shibli Faraz, Attorney General Mansoor Usman Awan, and Pakistan Bar Council representative Akhtar Hussain.
At the start of the meeting, Opposition Leader in the National Assembly, Omar Ayub, raised an objection about the quorum, pointing out the absence of one member. The objection was put to a vote, and the majority affirmed that the meeting could proceed in accordance with the Constitution, despite the absence of one member.
The commission also discussed the creation of a dedicated secretariat to support its operations. After thorough deliberations, the body authorized the CJP to proceed with the establishment of the secretariat and its rule-making process.
Under the 26th Constitutional Amendment, the Judicial Commission's strength has been increased to 13 members. The commission is tasked with appointing judges to the Supreme Court, high courts, and the Federal Shariat Court (FSC).
As per the amendment, Article 175-A of the Constitution, the JCP is now headed by the CJP and includes two senators, two MNAs, three senior-most Supreme Court judges, the most senior judge of the constitutional bench, the Federal Minister for Law and Justice, the Attorney General for Pakistan, and a senior lawyer with at least 15 years of Supreme Court practice nominated by the Pakistan Bar Council for a two-year term. Additionally, the commission will include a woman or non-Muslim parliamentarian nominated by the speaker for a two-year term.
