Clock ticking on 26th amendment case

Hearing must conclude by Dec 1 or restart under new bench chief

ISLAMABAD:

During the hearing of the 26th Constitutional Amendment case, Justice Jamal Khan Mandokhail remarked that court benches are formed according to the Constitution and law, not according to personal wishes. On Thursday, an eight-member constitutional bench (CB) headed by Justice Amin-ud-Din Khan heard the case.

During the proceedings, petitioner's counsel Uzair Bhandari argued that either the 16-member full court that existed before the 26th Constitutional Amendment should be reconstituted, or a full court comprising all 24 judges of the Supreme Court should be formed.

He referred to the decision of the Practice and Procedure Act Committee meeting held on October 31, 2024. Justice MuhammadAli Mazhar questioned whether the committee had the authority to make such a decision and whether it acted in accordance with the Constitution and law.

Justice Amin-ud-Din Khan asked how such an order could be passed without suspending Article 191A. Justice Musarrat Hilali remarked whether the CB had the authority to form another bench through a judicial order.

Justice Naeem Akhtar Afghan questioned why the petitioners did not have confidence in the existing CB. The petitioner's counsel replied that the constitutional amendment did not provide any mechanism allowing the Judicial Commission to pick and choose nominees for judgeship. Justice Afghan observed that this argument pertained to the merits of the case.

Justice Ayesha Malik remarked that if it were said that only judges nominated under Article 191-A could hear constitutional cases, then the Supreme Court's jurisdiction would fall into the hands of the Judicial Commission of Pakistan (JCP).

The court adjourned the hearing till November 10, reiterating that further proceedings would depend on the availability of the bench.

The head of the bench, Justice Amin-ud-Din Khan, will retire on December 1 this year upon reaching the age of 65. If the hearing is not completed before December 1, the bench will be dissolved, and proceedings will resume only after a new head of the bench is appointed. The matter of appointing the new head will be taken up by the JCP.