Islamabad: On Thursday, the Constitutional Bench of the Supreme Court heard the petitions filed against the 26th Constitutional Amendment. During this, senior lawyer Munir A Malik told the court that the order to form a full court can be issued by the High Court under the category of judicial powers.
The Parliament had passed the amendment in the night session in October last year, on which the PTI claimed that seven members were kidnapped to gain their support. The Balochistan National Party-Mengal also alleged that pressure was exerted on two of its senators, who later voted in favor of the amendment, opposing the party line.
The amendment changes the judicial powers and tenure, abolishing the suo motu powers of the Supreme Court, limiting the term of the Chief Justice of Pakistan to three years, and establishing a special parliamentary committee to select the Chief Justice.
This amendment paves the way for the formation of a constitutional bench, and the same bench is currently hearing the petitions that have challenged the amendment.
The constitutional bench is headed by Justice Aminuddin Khan, and other members include Jamal Khan Mandokhel, Muhammad Ali Mazhar, Ayesha Malik, Syed Hassan Azhar Rizvi, Mussrat Hilali, Naeem Akhtar Afghan and Shahid Bilal Hassan.
During the hearing, the court considered the point whether the constitutional bench has the power to constitute a full court or not. On this, some judges raised the question of how the existing bench should determine its own jurisdiction?
Justice Musarrat Hilali took the view that judges who were nominated after the amendment should not be included in the bench — so that the transparency of the hearing is maintained.
The petitioners maintain that the amendment is an attack on the autonomy of constitutional justice and affects the basic structure of the Constitution, therefore it should be declared null and void.
The hearing has been adjourned for further hearing till October 13, when lawyer Abid Zubair will complete his arguments.
