Constitutional committee of SC removes Justice Ayesha Malik from 7-member constitutional bench hearing intra-court appeals regarding May 9 military court trials

ISLAMABAD, Nov 20 (SABAH): The Committee constituted under Article 191A (4) of the Constitution convened its third meeting on November 13, 2024,at the Supreme Court, Islamabad under the chairmanship of Justice Amin-ud-Din Khan (Senior Judge). The meeting was attended by Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar and the Registrar. The Committee deliberated on several critical matters aimed at improving the efficiency and transparency of case management, particularly for the Constitutional Bench.

To expedite the disposal of pending appeals under Order V Rule 3 of the Supreme Court Rules, 1980, the Committee directed the office for categorization, compilation of cases within one week, and fixation of five chamber appeals daily for hearing before each member of the Committee. To address the increasing workload, the Committee recommended the requisition of a competent, Civil Judge to provide judicial assistance to the Bench.

The matter regarding hearing ICA No. 5 of 2023 (trial of civilians by military courts), the Committee noted that Mrs. Justice Ayesha A. Malik, being a member of the earlier Bench, whose judgment is under challenge, cannot serve on the Constitutional Bench for these appeals. Since the original ICAs were heard by a seven-member Bench, the Committee resolved to approach the Judicial Commission of Pakistan for the Constitutional Bench to ensure the matter is heard promptly.

The Registrar was tasked to prepare draft rules regulating the practice and procedures of the Constitutional Bench in consultation with Hon’ble Justice Muhammad Ali Mazhar, with the final draft to be reviewed by the Committee for approval.

In line with measures to improve case identification and tracking, the Committee approved the use of a distinctive green stamp marked “Constitutional Bench” for all relevant case files. This change will also be reflected in the Court’s IT-based Case Flow System through integrated color-coded tagging. Order sheets for Constitutional matters were standardized to include the headings “In the Supreme Court of Pakistan,” “Constitutional Bench,” and the specific jurisdiction type, whether original, appellate, or advisory.

To ensure procedural clarity, all cases under Article 191A will include titles explicitly designating them as belonging to the Constitutional Bench of the Supreme Court of Pakistan. Furthermore, it was decided that parties filing such cases must prepare and submit at least seven paper books. Applications for early hearings will be placed before the Committee until the procedural rules for urgent cases are finalized, ensuring prioritized attention to pressing matters.

The Committee reiterated that the Supreme Court exclusively holds the authority to transfer cases under Article 186A of the Constitution, and such matters will continue to be heard by regular benches. Only cases under Article 199 that involve significant constitutional questions or substantial issues of law will be referred to the Constitutional Bench.

In a significant step to enhance operational efficiency, the Committee resolved to establish a dedicated branch to handle Constitutional matters under Article 191A. This branch will be adequately staffed to ensure the smooth processing of cases. Additionally, cases already transferred to the Constitutional Bench by the Supreme Court will be scheduled in accordance with the approved roster.