Islamabad: 05 November 2024: The Judicial Commission of Pakistan (JCP) has established a seven-member constitutional bench, led by Justice Amin-ud-Din Khan, in a 7-5 split decision, sources reported Tuesday. This development comes in response to the recently passed 26th Amendment, which reformed the structure and function of the JCP.
The decision, backed by a majority of JCP members, faced opposition from Chief Justice of Pakistan Yahya Afridi, senior judges Justice Mansoor Ali Shah and Justice Muneeb Akhtar, and opposition Pakistan Tehreek-e-Insaf (PTI) members Omar Ayub Khan and Shibli Faraz.
The newly formed constitutional bench is regionally diverse, featuring Justice Amin-ud-Din and Justice Ayesha Malik from Punjab, Justice Muhammad Ali Mazhar and Justice Hassan Azhar Rizvi from Sindh, Justice Jamal Khan Mandokhail and Justice Naeem Akhtar Afghan from Balochistan, and Justice Musarrat Hilali from Khyber Pakhtunkhwa.
In his first meeting as Chief Justice, Yahya Afridi convened the commission following the 26th Amendment’s implementation. Attendees included senior judges, Senator Farooq H. Naek, MNA Sheikh Aftab Ahmad, MNA Omar Ayub, Law Minister Azam Nazeer Tarar, Senator Shibli Faraz, Attorney General Mansoor Usman Awan, and Pakistan Bar Council representative Akhtar Hussain.
Under the 26th Amendment, the JCP now comprises 13 members tasked with judicial appointments to the Supreme Court, high courts, and Federal Shariat Court. The restructured commission, led by the Chief Justice, includes three senior-most Supreme Court judges, the most senior constitutional bench judge, the Law Minister, the Attorney General, two senators, two MNAs, and a senior advocate nominated by the Pakistan Bar Council. Additionally, a female or non-Muslim parliamentarian nominated by the National Assembly Speaker will be included for a two-year term.