SHC defers constitutional matters till formation of constitutional benches

The Sindh High Court (SHC) on Tuesday said that cases of a constitutional nature, as identified in Sub-clause (3) of Article 202A of the constitution, may not be fixed until constitutional benches are formed by the judicial commission.

The observation came on a petition of Nayarul Haq, who sought the removal of his name from the exit control list. An SHC division bench headed by Chief Justice Mohammad Shafi Siddiqui said that according to the assistant advocate general, a resolution, as required in terms of Article 202(7), was passed by the provincial assembly on November 4.

The bench said that Article 202A requires the forming of constitutional benches, which can be triggered subject to the passing of a resolution of by the PA. The court said that now that the PA has passed the resolution to give effect to the provisions of Article 202A, no bench of a high court other than a constitutional bench should exercise jurisdiction vested in the high court under Sub-paragraph (i) of Paragraph (a) and Paragraph (c) of Clause (1) of Article 199.

The bench said the rest of the jurisdiction may be exercised by the benches to whom the rosters have been assigned, and would continue to exercise the leftover jurisdiction. The court said it would be appropriate that until the constitutional benches are formed by the judicial commission, such matters, as identified in Sub-clause (3) of Article 202A, may not be fixed, and adjourned the hearing until a date to be fixed by the office.

The SHC’s different benches had been hearing constitutional matters due to a lack of adopting a resolution by the PA. The chief justice had earlier said that until a resolution is passed by the PA, the roster assigned to different benches of the high court would continue to operate, and at that point, there was no impediment for the bench to hear and conclude cases.