Judges debate JCP authority, bench set-up

Sharp exchanges in SC as judges question limits of 26th Amendment, JCP authority

ISLAMABAD:

Sharp judicial observations marked the hearing of petitions against the 26th Constitutional Amendment, as an eight-member larger bench led by Justice Aminuddin Khan examined questions over the powers of the Judicial Commission of Pakistan (JCP) and the formation of constitutional benches.

During the proceedings, Justice Musarrat Hilali remarked that if the affected judges, including the chief justice, were excluded, the matter would then come before Justice Aminuddin Khan.

Justice Muhammad Ali Mazhar observed that counsel Abid Zuberi had altered his arguments following Justice Ayesha Malik's remarks, noting that he had first sought a judicial order to include eight judges, but later suggested directions to the judicial commission.

Zuberi clarified that his argument remained that the SC should issue a judicial order. Justice Mazhar responded that, in that case, the discussion about the judicial commission no longer applied.

Justice Ayesha Malik observed that Article 191-A empowered the judicial commission to nominate judges for constitutional benches and that no restriction existed on whom it could or could not nominate.

She added that the current bench could direct the commission to form a full court.

However, Justice Aminuddin questioned whether the court could order the commission to include a specific judge, saying its proceedings were an internal matter.

Justice Malik asked whether the judicial commission was above the SC, to which Justice Aminuddin replied that both bodies had their own authority. Justice Jamal Khan Mandokhail noted that the formation of constitutional benches is typically decided by the judges' committee through a majority vote.

Justice Naeem Akhtar Afghan questioned whether a judicial order could bypass the commission's voting process.