General or constitutional: Bench question to arise every other day, says Justice Mansoor

ISLAMABAD: Supreme Court senior judge Justice Mansoor Ali Shah remarked on Monday that now every other day a question would arise in the Supreme Court whether a case would be heard be a constitutional or a general bench.

During the hearing of an appeal against a high court decision related to the Competition Commission of Pakistan (CCP), he remarked: “It seems now every other day, this question will arise in the Supreme Court whether the case will be heard by the general bench or the constitutional bench.”

A three-member SC bench, headed by Justice Mansoor Ali Shah and comprising Justice Ayesha A. Malik and Justice Aqeel Ahmed Abbasi, was hearing the case. Justice Mansoor observed that position of such nature of cases would be cleared until next hearing in view of the 26th constitutional amendment, passed by both houses of Parliament.

Lawyer Farogh Naseem informed the court that political nature cases had now become constitutional cases. Justice Ayesha Malik smiled and remarked “let’s go; now it’s up to you, and your constitutional bench”.

“Read the new amendment whereby a case under Article 199 of the Constitution cannot be heard here,” Justice Ayesha told Farogh Naseem. Justice Mansoor Ali Shah then adjourned the hearing of the case for three weeks.

“By then the situation will become clear; however, it will take some time for us also to understand all this,” Justice Shah remarked. The same bench adjourned for two weeks a matter related to establishment of an authority to deal with issues related to climate change.

During hearing, Justice Mansoor held an interesting conversation with the additional attorney general (AAG). He asked the AAG whether a notification of the chairman of Climate Change Authority has been issued.

The law officer replied that the notification has not been issued yet. Justice Mansoor then asked about Attorney General for Pakistan (AGP) Mansoor Usman Awan. The AAG informed the court that he was busy last (Sunday) night, so he did not come.

Justice Mansoor said in a lighter vein that now all engagements of the learned attorney general would come to an end. The court then directed the AGP to appear before it at the next hearing and adjourned the matter for two weeks.