Six-member constitutional bench begins hearing pending cases
1. Bench, created under 26th Constitutional Amendment, to hear 18 cases today
**ISLAMABAD:** A six-member constitutional bench began hearings on Thursday in Supreme Court cases that have been pending for years, with proceedings held in Court Room No. 3.
According to the cause list for November 14 and 15, the bench, led by Justice Amin-ud-Din Khan, is scheduled to hear approximately 34 cases. This session marks the inaugural hearing of the newly formed bench, created under the 26th Constitutional Amendment.
The bench will address 18 cases today and the remaining 16 tomorrow. Alongside Justice Amin, the bench includes Justices Jamal Khan Mandokhail, Muhammad Ali Mazhar, Syed Hasan Azhar Rizvi, Musarrat Hilali, and Naeem Akhtar Afghan. Due to Justice Ayesha A. Malik’s unavailability on November 14 and 15, a relevant committee determined that a bench comprising all available judges should proceed with the cases.
The bench will also address long-pending environment-related cases, including one dating back to 1993. Additionally, a review petition challenging Justice Qazi Faez Isa’s nomination as Chief Justice of the Balochistan High Court, filed by Advocate Riaz Hanif Rai, is being reviewed. Another case involves a plea to reschedule the 2024 elections, with petitioners requesting the polls be held between February and March.
The court will also examine cases concerning lawmakers with assets abroad, a plea to restrict government servants from marrying foreign nationals, and a case initiated by former Chief Justice Isa regarding the use of Islamabad’s Convention Centre for private purposes.
### Environmental Case Proceedings
During today’s session, Justice Mazhar emphasized the court’s role in environmental matters, while Justice Musarrat Hilali expressed concern over widespread housing developments across the country. The court also addressed a proposal to convert parts of Islamabad into an industrial zone. Justice Mandokhel highlighted that environmental pollution is a national issue, noting vehicle emissions as a major contributor. Justice Akhtar pointed out the encroachment of housing societies on agricultural land, stressing the need to protect farmers and the environment for future generations.
The court questioned the Environmental Protection Authority’s role in managing pollution, noting that environmental issues have persisted since 1993. Justice Mandokhel raised concerns about pollution-related additives in petrol, while Justice Hilali addressed the proliferation of poultry farms and marble factories in Khyber Pakhtunkhwa, which are affecting local areas and schools.
The bench requested environmental reports from all provinces and postponed the hearing for three weeks upon the additional attorney general’s request.
### Dismissal of Cases
The bench dismissed a narcotics case and a petition challenging Qazi Jan Mohammad’s appointment, citing ineffectiveness. It also closed the petition against Muhammad Sohail’s appointment as Director General of the Malir Development Authority. Furthermore, a review petition challenging Justice Qazi Faez Isa’s appointment as Chief Justice of the Balochistan High Court was dismissed, as well as a petition seeking to reschedule the 2024 general elections, as the elections had already taken place. Justice Mandokhail suggested imposing fines for lawyers’ absences.
