ISLAMABAD: During a hearing of a tax-related case that dabbles with the constitutional jurisdiction of the issue, Supreme Court justices engaged in banter with the petitioner over the constitutionality of the bench itself. The hearing was presided over by a three-member bench including Justice Mansoor Ali Shah, Justice Ayesha Malik and Justice Aqeel Ahmed Abbasi.
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Justice Mansoor said that since there was no ‘constitutional bench’ at this time as per the amended practice and procedures act, should the current supreme court bench is to be deemed ‘unconstitutional’.
Justice Malik said that the case should be heard by the constitution bench, and not the regular bench like the one presiding over the case. Justice Mansoor responded with a question that until the constitutional bench sits, would the constitutional cases not be heard? “[And] even if we hear this case, what would happen, would we be questioned on why we heard this case?”
“What will happen if we give a decision on the case?” Justice Mansoor said, adding, “even if there is a review appeal on the decision, it will come back to us.”
Justice Abbasi raised the question that whether the bench should proceed with the hearing or not. To this Justice Mansoor said “Give it some time and see what happens.”
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Justice Malik said that according to Article 2A, the Practice and Procedure Committee will decide whether it will be heard by a constitutional bench or a regular bench. To this, Justice Mansoor smilingly turned to the petitioner and said that the court cannot give any opinion at the moment and is therefore adjourning the hearing. “We are just chatting,” Justice Mansoor said.