ISLAMABAD (Dunya News) - There is confusion among judges about the matter of constitutional benches supposed to work after enactment of the 26th amendment to the constitution.
A three-member bench of the Supreme Court, headed by Justice Mansoor Ali Shah, on Monday heard the case related to tax during which discussion about constitutional benches was held.
Justice Ayesha A. Malik stated that this case would be heard by the constitutional bench but "we are hearing it as a regular bench today".
Justice Mansoor Ali Shah remarked that there was no constitutional bench at the moment and it's not clear what’s the standing of the bench hearing the case.
“Does that mean we are acting unconstitutionally until a constitutional bench is formed? asked Justice Shah.
"This raises the question, will this case be heard by a regular bench or a constitutional one? If we make the decision of this case, what will happen and who will restrain us,” inquired Justice Shah.
Justice Shah further stated that if a review plea came before them they could claim jurisdiction. "Constitutional cases are not within the ambit of a regular bench but we’re not receiving any guidance from the legal fraternity either," said Justice Shah. Justice Aqeel Abbasi remarked that some time must be given to decide whether this bench would hear this case or not. Justice Ayesha Malik stated that the Practice and Procedure Committee would decide whether the case should be heard by a constitutional bench or a regular one but that process could take time. Justice Mansoor Ali Shah commented with a smile, no stance could be issued on your request, so let's adjourn this case. "We are simply whiling away," he remarked. Consequently, the SC adjourned the hearing of the tax-related case for an indefinite period.