KP not to form constitutional bench

PESHAWAR: Provincial Law Minister Aftab Alam has said that the Khyber Pakhtunkhwa government had decided not to form a constitutional bench at the Peshawar High Court (PHC).

“The decision about the formation of the constitutional bench at the PHC is being challenged in the court,” he said during a chat, adding that the provincial government was not forming any constitutional bench under the 26th Constitutional Amendment.

The law minister added that the legal aspect of the issue was being reviewed. He reiterated his stance that they were not forming a constitutional bench.

It may be mentioned that a meeting of the Judicial Commission of Pakistan (JCP) had held under the chairmanship of Supreme Court Chief Justice Yahya Afridi on November 5 where a 7-member constitutional bench was formed under the chairmanship of Justice Aminuddin Khan.

The first meeting of the JCP was held in light of the 26th Amendment, and the nomination of judges for constitutional benches was discussed.

Seven members of the 12-member commission voted in favour of the appointment of Justice Aminuddin, while five members opposed it.

Later, on November 25, the JCP appointed Justice Karim Khan Agha of the Sindh High Court as the head of the constitutional bench in the Sindh High Court.

Under the 26th Constitutional Amendment, if a constitutional bench needs to be formed in any province’s high court, the provincial assembly must first pass a resolution in this regard.

When contacted, Khyber Pakhtunkhwa Advocate General Shah Faisal said that the provincial government had already made it clear that the 26th Amendment in the Constitution would be challenged in the Supreme Court.

“The services of a lawyer have been acquired and a case will soon be filed in the Supreme Court,” he said.

“When the provincial government was challenging the 26th Amendment in the SC then how can it constitute a constitution bench in the high court,” he added.