ISLAMABAD: In a major development, the Judicial Commission of Pakistan (JCP) on Monday named nine judges for the constitutional benches in the Sindh High Court (SHC) by a majority of eleven to four.
The third meeting of the JCP under the 26th Constitutional Amendment was held with Chief Justice of Pakistan (CJP) Yahya Afridi in the chair at the top court in Islamabad.
The sole agenda of the meeting was formation of constitutional benches with the SHC.
“Following an extensive and thoughtful exchange of views, the commission considered the formation of constitutional benches in SHC and approved names of 9 judges with a majority of 11 to 4 for the period of two months,” read a statement issued by the Supreme Court.
SHC Justice Muhammad Karim Khan Agha was nominated as head of the constitutional benches.
He was picked as the chairman of the thee-member constitutional committee. The committee would be responsible for constituting constitutional benches in the SHC.
SC senior puisne judge Justice Mansoor Ali Shah, Justice Munib Akhtar and SHC Chief Justice Muhammad Shafi Siddiqui opposed the majority decision. CJP Afridi, however, did not vote on the matter.
Justice Muhammad Saleem Jessar, Justice Omar Sial, Justice Yousuf Ali Sayeed, Justice Abdul Mobeen Lakho, Justice Zulfiqar Ali Sangi, Justice Ms. Sana Akram Minhas, Justice Khadim Hussain Soomro, Justice Arbab Ali Hakro and justice KK Agha were picked for the constitutional committees, read the statement.
Earlier this month, the JCP formed a seven-member constitutional bench under Justice Amin-ud-Din Khan in line with the 26th Amendment.
CJP Afridi-led judicial commission constituted the bench in 7-5 split decision, with a majority of the members voting in favour of the constitutional bench.
The constitutional bench includes judges from all provinces; Justice Amin-ud-Din and Justice Ayesha Malik from Punjab, Justice Muhammad Ali Mazhar and Justice Hassan Azhar Rizvi from Sindh, Justice Jamal Khan Mandokhail and Justice Naeem Akhtar Afghan from Balochistan and Justice Musarrat Hilali from Khyber Pakhtunkhwa (KP).
The meeting was attended by senior puisne judge Justice Shah, Justice Akhtar, Justice Amin-Ud-din, Senator Farooq H Naek, MNA Sheikh Aftab Ahmad, MNA Omar Ayub, Roshan Khursheed Bharucha, Law Minister Azam Nazeer Tarar, Senator Shibli Faraz, Attorney General for Pakistan Mansoor Usman Awan, and Pakistan Bar Council representative Akhtar Hussain.
At the outset of the meeting, Opposition Leader in the National Assembly Omar Ayub objected to the quorum of the commission highlighting the absence of one member.
“This objection was later put to a vote and by majority, the meeting affirmed that the proceedings are in consonance with the Constitution and can continue in the absence of one member,” said the statement.
The commission also discussed the establishment of a dedicated secretariat to support and perform its functions and, after thorough consideration, the body authorised the chairman (CJP) to proceed with its rule making and establishment.
The judicial commission is mandated to appoint judges to the Supreme Court, high courts, and the Federal Shariat Court (FSC).
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