26th Amendment case: SC bench ponders judicial authority, adjourns hearing till Oct 20

Islamabad (Web Desk): The Supreme Court’s (SC) eight-member constitutional bench on Wednesday adjourned proceedings in the 26th Constitutional Amendment case until October 20, after hearing the concluding arguments of senior advocate Abid Zuberi, who appeared on behalf of the former presidents of the Supreme Court Bar Association (SCBA).

Headed by Justice Amin-ud-Din Khan, the bench also comprised Justices Jamal Khan Mandokhail, Ayesha Malik, Muhammad Ali Mazhar, Hassan Azhar Rizvi, Musarrat Hilali, Naeem Akhtar Afghan, and Shahid Bilal.

As the hearing opened, Justice Mandokhail remarked, “We hope you will wrap up your arguments today,” to which Zuberi confirmed that he would.

Elaborating on his position, Zuberi asserted that the power to form benches rests with the Practice and Procedure Committee, whereas the Constitutional Committee’s jurisdiction is confined to establishing constitutional benches consisting of up to 15 judges. He added that while a constitutional bench can create additional benches, only a judicial order can constitute a full court.

Justice Musarrat Hilali questioned whether, under this interpretation, the full court could still be described as a “bench.” Zuberi replied that it should be regarded solely as a “full court.”

Justice Ayesha Malik sought clarification on Article 191-A, asking whether it imposed any limitation on the formation of a full court. Justice Muhammad Ali Mazhar remarked that including or excluding judges from any bench falls within the mandate of the Judicial Commission.

Zuberi also cited judicial practices in India and South Africa, where the Chief Justice possesses the authority to establish constitutional benches, noting that Pakistan’s framework operates differently.

He emphasized that the case centers on maintaining judicial independence and delineating the role of the Judicial Commission.

As Zuberi concluded his remarks, Justice Amin-ud-Din observed, “Since the Supreme Court Bar elections are being held tomorrow, we will take up the matter again on Monday.”
The court then adjourned the hearing until October 20.