Supreme Court Expands Constitutional Bench To 13 Judges

On Friday, the Judicial Commission of Pakistan (JCP) expanded the Apex Court’s constitutional bench to 13 judges.

New Judges appointed:

Chief Justice of Pakistan (CJP) Yahya Afridi led the commission’s meeting. The JCP nominated Justice Hashim Khan Kakar, Justice Salahuddin Panhwar, Justice Shakeel Ahmad, Justice Aamer Farooq, and Justice Ishtiaq Ibrahim.

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Previously, the bench consisted of Justice Aminuddin Khan, Justice Jamal Khan Mandokhail, Justice Mohammad Ali Mazhar, Justice Ayesha A. Malik, Justice Hassan Azhar Rizvi, Justice Musarrat Hilali, Justice Naeem Akhtar Afghan, and Justice Shahid Bilal Hassan.

Potential impact on reserved seats case:

Legal experts believe this expansion may lead to a review of the July 12, 2024, judgment regarding reserved seats. The previous ruling allowed PTI candidates to claim reserved seats for women and non-Muslims. Candidates were given 15 days to declare their affiliation with the PTI before the Election Commission of Pakistan (ECP).

PTI opposes Nomination authority:

PTI has raised objections to the way judges were appointed to the constitutional bench. The party insists on defining a clear selection process. PTI Chairman Gohar Ali Khan and Senator Syed Ali Zafar opposed the inclusion of new judges without first establishing a proper appointment procedure.

Justice Aminuddin Khan recommended adding more judges. However, PTI representatives argued that no single judge should decide the composition of the bench. Instead, all Supreme Court judges should be involved in the process.

JCP’s three sessions:

The Judicial Commission of Pakistan(JCP) held three sessions regarding judge appointments. The first session focused on appointing additional judges from Punjab’s district judiciary to the LHC. The second session concerned Sindh High Court nominations, while the third session appointed judges to the Supreme Court’s constitutional bench.

During the meeting, Chief Justice of Pakistan Yahya Afridi also formed committees to set criteria for appointing judges to all high courts. The committees will also establish guidelines for selecting judges for constitutional benches.

Although the majority of JCP members supported the appointments, some senior judges opposed the decision. Justice Syed Mansoor Ali Shah and Justice Munib Akhtar did not agree with adding new judges. PTI representatives also voiced their disapproval.

Addition of Judges to the other courts:

The JCP approved the appointment of three judges to the Sindh High Court’s constitutional bench. Justice Riazat Ali Sahar, Justice Abdul Hamid Bhurgri, and Justice Nisar Ahmad Bhanbhro are appointed to SHC. The commission also selected four additional judges for the Lahore High Court. District and Sessions Judges Raja Ghazanfar Ali Khan, Tanveer Ahmad Sheikh, Tariq Mahmood Bajwa, and Abher Gul Khan are added to LHC.