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ISLAMABAD, Jan 16 (APP):The Supreme Court has directed the Registrar SCP to fix hearing of the petitions regarding jurisdictions of the Benches after the 26th Amendment to the same Bench that was already hearing it. Justice Mansoor Ali Shah remarked that the case is mistakenly fixed and should be brought before the same bench that was hearing it.
A three-member bench of the Supreme Court, headed by Justice Mansoor Ali Shah was hearing the petition Thursday. Justice Aqeel Abbasi was included in the bench as replacement of Justice Irfan Saadat. Justice Mansoor Ali Shah termed it a mistake by the office of the SCP and remarked that in the current case, the judgment of the Sindh High Court was delivered by Justice Aqeel Abbasi. Justice Irfan Saadat was part of the previous bench that conducted the proceedings on January 13.
Justice Mansoor asked the Attorney General office for assistance on a question that either jurisdiction of a Supreme Court bench under Article 191 can be withdrawn or not? The proceedings was then adjourned for Monday January 20.
The Court directed the office of the SCP to fix the case before the same bench.
It may be worth mentioning that after the 26th Amendment and the constitution of the Constitutional Bench, the question arises that either a regular bench can continue hearing of a constitutional matter? And if not, can the jurisdiction of an SCP bench be restricted?