ISLAMABAD – Justice Mansoor Ali Shah raised concerns over the absence of a constitutional bench, questioning the authority of the current bench.
“If there is no constitutional bench, then what should be done with this unconstitutional bench?” he asked while hearing on a tax-related case in the Supreme Court,
Justice Shah also remarked, “Until a constitutional bench is formed, are we to be considered unconstitutional?”
A SC three-member bench led by Justice Mansoor Ali Shah was hearing the tax case.
As the discussion progressed, mention of the constitutional bench came up.
Justice Ayesha Malik clarified, stating, “This case will be heard by a constitutional bench; we are currently a regular bench handling it.”
Justice Mansoor Ali Shah remarked, “Does this mean constitutional cases cannot be heard until a constitutional bench is in place? Even if we proceed with this case, no one would question us. This issue has repeatedly come up—should a regular bench or a constitutional bench hear the case? What would happen if we decide on the case?”
Justice Shah further commented, “If we go ahead and decide it ourselves, who can stop us? If a review comes before us, we can assert our jurisdiction. Regular benches cannot hear constitutional cases, and we have received no assistance from the legal counsel on this matter.”
Justice Aqeel Abbasi questioned whether they could currently hear the case, to which Justice Shah responded, “Give us a little time, and we’ll see what happens.”
Justice Ayesha Malik remarked that under Article 2-A, the Practice and Procedure Committee would decide whether the case should be heard by a constitutional bench or a regular bench, although this would take time.
Smiling, Justice Mansoor Ali Shah remarked, “We cannot offer a viewpoint on your request, so we’ll postpone the matter—we’re just having a casual discussion here.”
The court later adjourned the case for an indefinite time.
