Justice Mansoor questions legitimacy of existing benches

ISLAMABAD: Senior puisne judge of the Supreme Court Justice Syed Mansoor Ali Shah on Monday questioned the constitutionality of existing benches till the formation of designated constitutional benches and remarked that if they themselves decide the constitutional cases then who is going to stop them?

A three-member bench of the apex court headed by Justice Syed Mansoor Ali Shah and comprising Justice Ayesha A Malik and Justice Aaqeel Ahmed Abbassi was hearing a tax-related case During the hearing, Justice Ayesha A Malik observed that the Constitutional Bench will hear this case adding that they are hearing a regular case. At this Justice Mansoor Ali Shah questioned that at present no constitutional bench has been constituted then what to do with this unconstitutional bench. Until the constitutional bench will not sit, are we unconstitutional”, Justice Mansoor Ali Shah questioned. The judge continued that it means that till the constitutional bench does not sit, the constitutional cases will not be heard. “Even if we hear this case, no one can ask us”, Justice Mansoor Ali Shah remarked adding that questions are being raised about cases as to whether a case will be heard by a regular bench or constitutional bench. Justice Shah further questioned what would happen if they decide a case themselves and then who is going to stop them. If the review petition comes to us then we will say that we have jurisdiction to hear it”, Justice Mansoor Ali Shah remarked adding that constitutional cases cannot be heard by the regular bench and there is no support from lawyers either in this regard.

Can we hear this case or not”, Justice Aqeel Ahmed Abbassi asked to which Justice Mansoor Ali Shah replied let’s see what happens. Justice Ayesha A. Malik however, observed that the decision will be taken by a three-member committee according to Section 2(a) of the Supreme Court (Practice and Procedure) Act 2023, which will take time to decide whether the hearing will be held in a constitutional bench or a regular bench.

Meanwhile, Justice Syed Mansoor Ali Shah, addressing a lawyer of the parties, said that they could not give any opinion on his request, so they adjourned the case. We are just gossiping”, Justice Shah told the lawyer with a smile and adjourned the hearing for date-in-office.