The first case from the Supreme Court of Pakistan went to a constitutional bench after the 26th constitutional amendment. There are seven employees of the Ministry of Petroleum and Natural Resources in the case. These employees had been dismissed, and they went to the high court challenging the decision. Since the high court upheld its decision, they approached the Supreme Court for relief.
A three-member bench of the Supreme Court headed by Justice Mansoor Ali Shah heard the case. In the proceedings, the lawyer, Wasim Sajjad of the petitioners, presented the argument that living a peaceful life is a constitutional right for every citizen. To this, Justice Mansoor Ali Shah observed that since the question is based on the constitution, it ought to be referred to the constitutional bench. He further stated that, under the 26th constitutional amendment, all cases of constitutional matters should be dealt with by constitutional benches.
Justice Ayesha Malik underlined the significance of this case and agreed with the argument that only a constitutional bench can deal with such cases. With this comment from the judges, the court formally sent the reinstatement petitions of the employees to the constitutional bench for further hearing.
It was through this amendment that the 26th constitutional amendment brought about order and systemic handling in the treatment of constitutional cases, which were to be treated by specialized benches.
Therefore, this case constitutes the very first one to be under trial under the new rules of Pakistan, forming a momentous landmark in Pakistani judicial history.
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