In its inaugural session after its reconstitution under the 26th constitutional amendment, the Judicial Commission of Pakistan (JCP) appointed Justice Aminuddin Khan as head of a seven-judge constitutional bench comprising judges of all provinces.
The seven-judge constitutional bench, according to a statement of the Supreme Court, comprises Justices Aminuddin Khan and Justice Ayesha A. Malik from Punjab; Justices Jamal Khan Mandokhail and Naeem Akhtar Afghan from Balochistan; Justices Muhammad Ali Mazhar and Hassan Azhar Rizvi from Sindh; and Justice Musarrat Hilali from Khyber-Pakhtunkhwa. Justice Khan will lead the bench.
The appointment of Justice Khan and the bench was achieved through a majority vote of seven to five. Reportedly, Chief Justice of Pakistan (CJP) Yahya Afridi, Justices Syed Mansoor Ali Shah and Munib Akhtar, and PTI leaders of the opposition in the Senate and the National Assembly Shibli Faraz and Omar Ayub opposed the decision. Law Minister Azam Nazeer Tarar, Attorney General for Pakistan (AGP) Mansoor Usman Awan, Senator Farooq Hamid Naek, MNA Sheikh Aftab Ahmad, Roshan Khursheed Bharucha and Pakistan Bar Council representative Akhtar Hussain, meanwhile, represented the majority.
The constitutional bench has a term of two months and the law permits the formation of additional benches if necessary to tackle backlog of cases.
During the proceedings of the JCP, the three justices in the opposition proposed creating a constitutional bench comprising all 17 judges of the apex court, led by the chief justice, effectively forming a full court. However, the majority rejected this, noting this would remove any chance of appeal.
While mostly conducted collegially, the meeting started off on a sour note with Omar Ayub maintaining the meeting could not proceed as it lacked one member—the head of the constitutional bench. However, this objection was nullified by a majority vote, with the chief justice and Justice Akhtar both asserting proceedings could continue in accordance with the Constitution even with one absence.
The Supreme Court statement said the JCP had also discussed the establishment of a dedicated secretariat to support its functions.
After the appointment of Justice Khan, the Practice and Procedure committee would also be reconstituted. Under the amended Supreme Court (Practice and Procedure) Act, 2023, it comprises the chief justice, the senior puisne judge, and the head of the constitutional bench. This committee would decide which cases should be sent to the constitutional bench, and which remain with the Supreme Court.