The Supreme Court of Pakistan has referred a case regarding the right of pre-emption (Haq-e-Shufa’a) to a constitutional bench.
A three-member bench, headed by the Chief Justice of Pakistan (CJP)-designate Yahya Afridi, heard the case on Thursday. Lawyer Salman Aslam Butt appeared on behalf of his client and presented arguments regarding the right of pre-emption.
During the hearing, Justice Shahid Waheed emphasised that the interpretation of constitutional provisions would be necessary for this case, so it should be transferred to the constitutional bench of the SC.
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.
CJP-designate Justice Yahya Afridi 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 needed.
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 posses by one person to acquire a property sold to another in preference to that.
