ISLAMABAD (Web Desk) – The Supreme Court’s constitutional bench on Wednesday observed that it is fully empowered to hear the 26th Constitutional Amendment case, with Justice Muhammad Ali Mazhar asserting that judges from all constitutional benches can be included if deemed necessary.
An eight-member bench led by Justice Amin-ud-Din Khan took up multiple petitions challenging the amendment passed by Parliament last year.
The bench includes Justices Jamal Khan Mandokhail, Ayesha A. Malik, Syed Hassan Azhar Rizvi, Musarat Hilali, Naeem Akhtar Afghan, Shahid Bilal Hassan, and Muhammad Ali Mazhar.
The petitions were filed by political parties including PTI, Jamaat-e-Islami, Sunni Ittehad Council, and various bar associations, along with former presidents of the Supreme Court Bar Association and Pakistan Bar Council.
During the proceedings, lawyer Abid Zuberi, representing former bar presidents, argued that the Chief Justice of Pakistan (CJP) could direct the formation of a full court, noting that Article 75 of the Constitution grants wide judicial powers.
Justice Amin-ud-Din, however, remarked that a judicial order directing a full court would fall outside the jurisdiction of judges not part of the constitutional bench, adding that the CJP had no administrative powers in this matter.
Justice Ayesha Malik questioned whether Article 191A restricted the bench from issuing such an order and clarified that the Judicial Commission of Pakistan (JCP) was not barred from being directed to form a full court.
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Justice Musarat Hilali noted that the CJP himself is a beneficiary of the 26th Amendment, while Justice Mandokhail asked why the counsel opposed inclusion of all judges.
After detailed arguments, the court adjourned the hearing till October 20, with observations that the constitutional bench’s judicial authority remains intact to decide the matter.