Justice Mansoor questions jurisdiction after legal reforms

ISLAMABAD: As the 26th Constitutional Amendment have been passed by the parliament, Justice Mansoor Ali Shah Monday highlighted the dilemma that the judiciary could encounter in ascertaining the jurisdiction of cases brought before the Supreme Court.

The latest amendments made to the Constitution entail changes to the operations of the judiciary in the country including the formation of constitutional benches in the apex court as well as the high courts.

The judge's remarks came during the hearing of a case pertaining to an appeal against the high court in relation to the Competition Commission of Pakistan.

Justice Mansoor shared his concerns soon after Prime Minister Shehbaz Sharif-led coalition government passed the contentious constitutional package in the Senate and National Assembly — the process of which began Sunday evening and ended during the pre-dawn hours on Monday.

The judiciary-oriented constitutional package proposed a set of constitutional amendments, including provisioning a fixed three-year term for three Chief Justice of Pakistan (CJP).

According to the tweaks, the constitutional benches will be established in both the SC and high courts, with the commission determining the number of judges required for these benches.

Detailing the bill on Sunday, Law Minister Azam Nazeer Tarar said that a constitutional bench would be established within the SC.

He added that the judges would be appointed by the judicial commission, and the commission should have the authority to assess the judges' performance.

To enhance the legislature’s role in appointing judges, Tarar mentioned that the 12-member parliamentary committee, with a two-thirds majority, would appoint the CJP. In the updated draft, it was also noted that constitutional benches could be established in the provinces as well.

During today's hearing, the judge said: "Will this case go to the constitutional bench or can we hear it?"

He further remarked: "It seems that this question will arise every day in the Supreme Court that whether a case will be heard by a general bench or a constitutional bench."

Responding to the judge's remark, Barrister Farogh Naseem said that political cases have now become constitutional cases.

Justice Mansoor adjourned the hearing of the case for three weeks, stating that the situation around the jurisdiction matter would be clear by that time.

Justice Ayesha Malik, on the other hand, remarked: "Read the new amendment, Article 199 case cannot be heard here."

Meanwhile, Justice Mansoor maintained that it will also take some time for the judiciary to understand the tweaks themselves.

Key points of 26th Amendment, 2024 Bill

• Chief justice Pakistan’s tenure fixed at three years.
• Constitutional benches to be established at the SC and high courts.
• Senior-most judge of each bench to serve as presiding officer.
• Parliamentary committee to nominate new CJP from panel of three most senior judges.
• Committee to propose name to PM, who will then forward it to president for final approval.
• JCP, led by CJP and three others, responsible for appointment of SC judges.
• JCP to monitor judges’ performance, report any concerns to Supreme Judicial Council.
• Complete eradication of Riba (interest) from country by January 1, 2028.