After taking the helm at the top court on Thursday recently appointed Chief of Pakistan Justice Yahya Afridi issued policy guidelines to the top court Registrar pertaining to transfer of cases requiring constitutional interpretation to the Constitutional Bench.
Justice Afridi’s remarks come after the Supreme Court referred a case regarding the right of pre-emption (Haq-e-Shufa’a) to a constitutional bench. A three-member bench, headed by CJP-designate Yahya Afridi, heard the case on Thursday.
Former Attorney General for Pakistan Salman Aslam Butt who is counsel in the matter appeared on behalf of his client and presented arguments regarding the right of pre-emption. During the hearing, Justice Shahid Waheed emphasized that the interpretation of constitutional provisions would be necessary for this case, so it should be transferred to the constitutional bench for further interpretation.In response, Chief Justice-designate Justice Yahya Afridi endorsed the colleague judge’s opinion and stated that the Registrar’s Office had been given a policy regarding constitutional benches. He also directed the Registrar’s Office that cases involving challenges to laws should be categorised separately.
Justice Yahya Afridi further added that cases requiring constitutional interpretation would be transferred to the appropriate bench as and when required. It is noteworthy that various benches of the Supreme Court transferred four cases to constitutional benches just a day prior. According to the law, the right of pre-emption, or Haq-e-Shufa’a, means the right possesses by one person to acquire a property sold to another in preference.
