- Justice Amin-ud-Din asks if CJP can form full court.
- Abid Zuberi says CJP still holds full court authority.
- Committee can form benches, not full court: Justice Ayesha.
The Supreme Court’s (SC) Constitutional Bench (CB) on Tuesday engaged in a debate over whether the chief justice of Pakistan (CJP) holds the authority to constitute a full court, as hearings continued on petitions challenging the 26th Constitutional Amendment.
SC constitutional bench, headed by Justice Amin-ud-Din, heard several petitions filed against the 26th Constitutional Amendment passed by parliament in October 2024.
Other members of the bench include Justice Mandokhail, Justice Muhammad Ali Mazhar, Justice Ayesha A Malik, Justice Syed Hassan Azhar Rizvi, Justice Musarat Hilali, Justice Naeem Akhtar Afghan and Justice Shahid Bilal Hassan.
Around three dozen petitioners, including Pakistan Tehreek-e-Insaf (PTI), Jamaat-e-Islami (JI), Sunni Ittehad Council (SIC), Lahore High Court Bar Association, Lahore Bar Association, Karachi Bar Association as well as the former seven presidents of the Supreme Court Bar Association (SCBA) and various individuals in personal capacity, had challenged the validity of the 26th Constitutional Amendment.
During the hearing today, Justice Amin-ud-Din Khan questioned, “Can the chief justice form a full court consisting of all judges of the constitutional bench?”
To which, senior lawyer Abid Zuberi argued that the CJP still holds the authority to form a full court,” adding that “directions can be issued for its constitution.”
At one point, Justice Ayesha Malik remarked that the committee has the authority to form benches, not a full court.
“[The] committee’s powers cannot be equated with those of the chief justice,” she observed.
Justice Jamal Mandokhail observed that “some say Article 191-A should be set aside — but how can it be ignored?”
Justice Ayesha Malik remarked that there are already judgments available on this matter.
“Benches are to be formed under the Supreme Court Rules,” Justice Jamal Mandokhail remarked.
Lawyer Abid Zuberi argued that under Order 11 of the Supreme Court Rules, the committee will form benches.
However, Justice Mandokhail pointed out that nowhere in these rules is it written that benches will be formed by the chief justice.
Meanwhile, the court adjourned the hearing for Wednesday.
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.
