Newly nominated Chief Justice Yahya Afridi has taken a significant step towards improving the handling of cases involving constitutional interpretation. He announced that a policy directive has been issued to the Supreme Court Registrar, mandating the transfer of all cases that require constitutional analysis to the court’s Constitutional Bench.
This move is designed to streamline the legal process, particularly for cases that involve challenges to laws and require interpretation of constitutional provisions. By creating a separate category for such cases, the Supreme Court aims to ensure that matters of constitutional significance are systematically assigned to the appropriate bench for thorough deliberation.
In a recent hearing, Justice Shahid Waheed stressed the importance of referring the Haq Shifa case to the Constitutional Bench in Islamabad, underscoring the need for careful interpretation of the constitutional clauses involved. His remarks highlighted the judiciary’s increasing focus on ensuring that cases requiring constitutional review are addressed by the dedicated bench.
Chief Justice Afridi’s directive also addresses the growing number of cases that challenge existing legal statutes. He has instructed the Registrar’s Office to categorize these cases separately, ensuring that those involving constitutional issues are transferred promptly to the Constitutional Bench for review.
The decision follows the recent transfer of four high-profile cases to the Constitutional Bench, signaling the Supreme Court’s proactive stance on interpreting laws and constitutional clauses. Chief Justice Afridi, leading a three-member bench, reiterated the court’s commitment to ensuring that cases involving constitutional challenges are handled with the utmost care and attention.
This policy reflects the court’s efforts to streamline judicial processes and uphold the integrity of Pakistan’s legal system through dedicated constitutional scrutiny.
