Supreme Court says benches to form by constitution, not wishes
Pakistan
Supreme Court stresses benches must form under constitutional law, not preference, as hearing continues on petitions challenging Pakistan’s 26th Constitutional Amendment; next session November 10.
ISLAMABAD (Dunya News) - Justice Jamal Khan Mandokhail remarked that Supreme Court benches would be constituted in accordance with the Constitution and the law — not personal preferences.
An eight-member larger bench, headed by Justice Aminuddin Khan, heard the case against the 26th Amendment. The petitioner’s counsel, Uzair Bhandari, argued that either the previous 16-member full court should be reconstituted or all 24 judges of the Supreme Court should be included to form a full court.
Justice Muhammad Ali Mazhar questioned whether the committee of October 31, 2024, had the authority to make such a decision, and whether it acted in line with constitutional and legal provisions.
Justice Aminuddin Khan remarked that such an order could not be passed without suspending Article 191-A. Justice Musarrat Hilali inquired whether a constitutional bench had the authority to form another bench through a judicial order.
Justice Naeem Akhtar Afghan asked why the petitioners lacked confidence in the current constitutional bench. In response, the counsel said that the amendment provided no mechanism allowing the Judicial Commission to “pick and choose” judges for nominations.
Justice Afghan noted that this argument pertained to the case’s merits. Justice Ayesha Malik added that if it were assumed that only judges nominated under Article 191-A could hear constitutional cases, it would effectively transfer the Supreme Court’s jurisdiction to the Judicial Commission. She questioned whether the Court would be unable to hear cases if a judge were not nominated for a constitutional bench.
The Court adjourned further proceedings until November 10, stating that the hearing would continue subject to bench availability.
