Supreme Court Justice Jamal Khan Mandokhail emphasized on Tuesday that following the 26th Amendment to the Constitution, a seven-member constitutional bench should now be regarded as the full court. This statement came during a hearing involving a case on taxation for ghee mills. Justice Muhammad Ali Mazhar further remarked that the 26th Amendment has rendered the concept of a “full court” redundant, as cases requiring larger benches can now be addressed by the constitutional bench.
Justice Mandokhail recused himself from the case, citing a prior verdict he had given on the matter at the Balochistan High Court. Despite this, the petitioner’s counsel argued that the matter had previously been decided by a full bench. The bench subsequently issued notices to the Federation and provincial governments, adjourning the case indefinitely.
Rising Backlog and Dismissals
Highlighting concerns over mounting case backlogs—currently around 60,000—Justice Mandokhail criticized frivolous petitions. He dismissed a petition involving two First Information Reports (FIRs) as non-maintainable, reprimanding the petitioner’s counsel for not addressing the matter at the high court level. Referring to the Sughran Bibi precedent, Justice Mazhar reiterated that procedural remedies were already outlined for such cases.
The court also dismissed a plea regarding non-payment of salaries by the BOL News Network. Justice Ayesha A Malik opted out of the matter, and a new constitutional bench will be constituted to hear the case.
Legislative Gaps on Key Issues
In a suo motu case on taxing underground water, the bench adjourned proceedings indefinitely, noting that Punjab and Khyber Pakhtunkhwa had made progress in legislation, while other provinces lagged behind. Justice Mazhar stressed the need for uniform laws to resolve such issues effectively, warning that delays in legislative action would leave many cases unresolved for years.
Routine Cases Referred Back
The bench referred two routine cases—one involving Saeed Khosa versus the Ministry of Petroleum and another concerning a plot allotment—to a regular bench led by Justice Syed Mansoor Ali Shah. Justice Mazhar remarked that only cases with constitutional implications should be escalated to the constitutional bench.
Petition on Judges’ Tenure Extension Dismissed
The bench also dismissed a petition seeking a three-year extension in the tenure of Supreme Court and High Court judges to align with the tenure of the army chief. The petition was deemed non-maintainable, upholding objections from the Supreme Court Registrar. The petitioner, Mahmood Akhtar Naqvi, failed to appear despite repeated notices, leading the court to conclude he lacked interest in pursuing the case.
Composition of the Bench
The seven-member constitutional bench was led by Justice Amin-ud-Din Khan, with Justices Jamal Khan Mandokhail, Muhammad Ali Mazhar, Ayesha A Malik, Hasan Azhar Rizvi, Naeem Akhtar Afghan, and Musarrat Hilali as members.
The day concluded with the dismissal of several cases due to non-maintainability, procedural objections, or lack of prosecution, reflecting the court’s focus on streamlining its backlog.
