Justice Ayesha A Malik will no longer serve on the seven-member constitutional bench assigned to hear the Intra Court Appeal (ICA) filed by the federal government on the Supreme Court’s decision that deemed the trial of civilians in military courts unconstitutional.
A three-member committee, formed under Article 191A (4) of the Constitution, held its third meeting on November 13. Justice Aminuddin Khan chaired the meeting, which included Justices Jamal Khan Mandokhail, Muhammad Ali Mazhar, and the registrar. The committee released the minutes detailing their discussions.
The Supreme Court’s Public Relations Department issued a press release stating that the committee discussed several key issues to enhance the efficiency and transparency of the Constitutional Bench’s case management.
During the hearing of ICA No 5 of 2023, the committee noted that Justice Ayesha, having been part of the previous bench whose judgment was now under appeal, could not participate in this case. The committee consulted the Judicial Commission of Pakistan about reconstituting the constitutional bench.
Read: Supreme Court Dismisses Petition on Army Chief Tenure Extension
The committee instructed the registrar to draft rules for the constitutional bench’s procedures in collaboration with Justice Mazhar. The committee will review these draft rules before granting final approval.
Additionally, to address the backlog of pending appeals, the committee directed the classification and compilation of appeals within one week, setting a schedule to hear five chamber appeals daily per committee member. To manage the growing workload, the committee will recruit a competent civil judge to provide judicial assistance to the bench.
To improve case management, the committee approved using a distinctive green stamp marked “Constitutional Bench” for all relevant case files. This change will integrate into the court’s IT-based Case Flow System with color-coded tagging.
The committee has standardized order sheets for constitutional matters to reflect their specific jurisdiction original, appellate, or advisory and identify them as proceedings of the Constitutional Bench of the Supreme Court.
Read: Supreme Court Dismisses 50% Vote Requirement Petition
The committee requires all cases under Article 191A to explicitly designate their association with the Constitutional Bench. Parties filing such cases must prepare and submit at least seven paper books. The committee will review applications for early hearings until it establishes procedural rules for urgent cases, ensuring priority is given to urgent matters.
The Supreme Court retains exclusive authority to transfer cases under Article 186A of the Constitution, which will continue to be heard by regular benches. However, the committee will refer cases under Article 199 that raise significant constitutional questions or substantial legal issues to the constitutional bench.
To further enhance efficiency, the committee has established a dedicated branch to handle Constitutional matters under Article 191A, ensuring well-staffed and efficient processing of these cases. Additionally, the committee will schedule cases already transferred to the constitutional bench according to the approved roster.
