SHC registrar office issues circular for constitutional petitions

The Sindh High Court’s (SHC) registrar office has issued a circular mentioning that all the pending constitutional petitions are to be heard and decided by the constitutional bench in pursuance of the 26th amendment.

The registrar office has given the petitioners and their counsels 15 days to submit their statements specifying if their case falls under Sub-paragraph (i) of Paragraph (a), or under Paragraph (c) of Clause (1) of Article 199 of the constitution, to be heard and decided by the constitutional bench.

The SHC directed them that at the time of filing petitions they are specifically required to mention this on the title page beneath the heading of constitutional petition number. On Tuesday the SHC had said that cases of a constitutional nature, as identified in Sub-clause (3) of Article 202A, may not be fixed until constitutional benches are formed by the judicial commission.

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 that 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 that 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.