Pakistan
If constitutional bench not formed, are we unconstitutional: Justice Mansoor
Justice Ayesha remarked that Practice and Procedure Committee will decide whether case will be heard by constitutional or regular bench
Islamabad: Justice Mansoor Ali Shah, a senior judge of the Supreme Court, remarked in a questioning manner, that there is no constitutional bench at present, so what should be done with the unconstitutional bench that is sitting?
In the Supreme Court, a three-member bench headed by Justice Mansoor Ali Shah heard the tax-related case.
During the hearing in the court, Justice Ayesha Malik said that this case will be heard by the constitutional bench, we are hearing the case in the regular bench.
On mentioning the constitutional bench, Justice Mansoor stated that there is currently no constitutional bench, so what should be done with the unconstitutional bench that is sitting? Are we unconstitutional until the constitutional bench sits?
He added that it means constitutional cases will not be heard until the constitutional bench sits. Even if we hear this case, no one can ask us. The question consistently comes up whether the case will be heard by a regular or a constitutional bench.
Justice Mansoor remarked in a questioning manner: “Even if we decide the case, what will happen? Who is going to stop us? If the revision comes to us, we will say that we have jurisdiction. The regular bench cannot hear constitutional cases. There is no support from lawyers”.
Justice Ayesha Malik remarked that according to Article 2A, the Practice and Procedure Committee will decide whether the case will be heard by a constitutional or a regular bench, but it will take time.
Later, the court adjourned the hearing of the case indefinitely.