Constitution of Bench

The appellant has levelled some serious allegations against the learned Chief Justice Shariat Court/High Court, it would be appropriate for the learned Chief Justice to entrust the case to other learned Judge for hearing and disposal — Because there should remain no slightest doubt in the mind of the appellant that his case was decided by a Judge against whom he alleged some animosity and impleaded him as a party before the Supreme Court. Mujahid Hussain Naqvi v. Ehtesab Bureau and 6 others 2003 SCR 399 (C)
The constitution of bench is the exclusive jurisdiction of the learned Chief Justice — In bail matters the learned Chief Justice exercised his prerogative by entrusting the case to a particular Judge — However, under the rule of law laid down by this Court the second bail application should be placed before the same Bench — It is the duty of the counsel to mention in subsequent bail application the facts of having bail application previously filed and result thereof, so that the subsequent bail application is referred to the same Bench to avoid conflicting decision and disharmony in the established practice of the Court. M. Iqbal v. Bashir Ahmed and another 2003 SCR 437 (B)
Constitution of Benches — sole prerogative of Chief Justice — held: it is discretion of Chief Justice to constitute any bench with any number of Judges and the same cannot be questioned — the Chief Justice enjoys unfettered powers — Further held: the Chief Justice even can also direct verbally to place any matter before any bench. Mujahid H. Naqvi v. Azad Govt. 2016 SCR 461 (A)