- Lawyer Khawaja Ahmed says public must be aware of matter.
- It is a big case, we’ll handle it in orderly manner: SC judge.
- SC Constitutional bench adjourns hearing till 11:30am tomorrow.
ISLAMABAD: The Supreme Court on Tuesday allowed the live streaming of the hearing concerning the pleas filed against the 26th Constitutional Amendment.
The development comes as an eight-member Constitutional Bench, headed by Justice Amin-ud-Din Khan heard the petitions against the constitutional tweaks after a gap of nine months.
“Things have to be managed, we are all serving the nation”, remarked Justice Amin-ud-Din Khan. Whereas referring to the court’s unanimous verdict greenlighting streaming of the hearing on the SC’s YouTube channel, Justice Jamal Khan Mandokhail said: “It is a big case, we will handle it in an orderly manner.”
Other members of the bench include Justice Mandokhail, Justice Muhammad Ali Mazhar, Justice Ayesha A Malik, Justice Syed Hasan Azhar Rizvi, Justice Musarrat Hilali, Justice Naeem Akhter Afghan and Justice Shahid Bilal Hassan.
Multiple parties, including Pakistan Tehreek-e-Insaf (PTI), Jamaat-e-Islami (JI), Sunni Ittehad Council (SIC), as well as various bar associations and former presidents of the Supreme Court Bar Association (SCBA), had challenged the amendment back in October 2024.
The tweaks in the constitution, which have since come into effect, require the legislature to pick the chief justice, fixing the top post’s tenure, and forming constitutional benches.
Key points of 26th Amendment
- Chief Justice of Pakistan’s (CJP) tenure fixed at three years.
- Constitutional benches to be established at the SC and high courts.
- Senior-most judge of each bench to serve as presiding officer.
- Parliamentary committee to nominate new CJP from panel of three most senior judges.
- Committee to propose name to PM, who will then forward it to president for final approval.
- JCP, led by CJP and three others, responsible for appointment of SC judges.
- JCP to monitor judges’ performance, report any concerns to Supreme Judicial Council.
- Complete eradication of Riba (interest) from country by January 1, 2028.
During the hearing today, former lawmaker Mustafa Nawaz Khokhar’s lawyer Shahid Jamil lamented that objections had been raised on their plea and urged the court to decide on the chamber appeal filed on the matter.
The court, after deliberation, issued directives for allotting a number to the petition for hearing.
Meanwhile, former chief justice Jawwad S Khawaja’s lawyer Khawaja Ahmed contended that the arguments on the issue of a full court bench should be live streamed so that the public can be aware of the matter.
At this, Justice Amin-ud-Din said that the bench issue doesn’t concern the public but is limited to the court.
Responding to the counsel’s argument to address the issue of live streaming first, instead of the bench’s constitution, Justice Mandokhail said that the court wanted to educate people via live streaming but only ended up exposing itself.
When asked by Justice Malik on the stance on live streaming of the case, Additional Attorney General Amir Rehman said that the matter is an administrative one.
The court, after hearing the arguments, approved the case’s live streaming and adjourned the case till 11:30am tomorrow (Wednesday).
