Justice Mazhar observes SC’s Constitutional Bench can hear 26th Amendment case

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Islamabad: Supreme Court (SC) Constitutional Bench (CB) can hear the 26th Amendment case, Justice Muhammad Ali Mazhar gave remarks on Wednesday, adding that all constitutional benches judges can be included if necessary.

Justice Mazhar’s comments came when an eight -member bench heard petitions against the 26th constitutional amendment approved by Parliament last year.

The bench, led by Justice Aminuddin Khan, included Justice Jamal Khan Mandokhel, Justice Aisha, a country, Justice Syed Hassan Azhar Rizvi, Justice Masrat Hilali, Justice Naeem Akhtar Afghan and Justice Shahid Bilal Hassan.

About three dozen applicants, including Pakistan Tehreek Justice (PTI), Jamaat -e -Islami (G), Sunni Attihad Council (SIC), Lahore High Court Bar Association, Lahore Bar Association, Karachi Bar Association as well as the Supreme Court Bar Association (SCBA). Edit.

During today’s hearing, lawyer Abid Zabri, represented the former president of the Pakistan Bar Council, argued that the Chief Justice of Pakistan (CJP) could issue a directive to set up a full court.

“There is no restriction on options. Article 75 is available judicial powers [of Constitution]”Zabri said.

For this, Justice Aminuddin replied that if a court order has been approved on a complete court, it will be out of the jurisdiction of the judges, which is not part of the constitutional bench.

“CJP can use [his] Administrative powers, “the lawyer claimed, in which Justice Aminuddin said that the CJP did not have administrative powers.

Noting that the constitutional bench is limited, lawyer Zubari said there was no restriction on preventing the matter from handing over the CJP.

Justice Aminuddin observed, “It is one thing to hand over the matter to the CJP and it is another thing to approve the court order.”

Extending the matter, Justice Malik questioned whether Article 191A has imposed any restrictions on the passage of the court order and can the Judicial Commission (JCP) of Pakistan be directed to make a full court?

On the case of full court, Justice Mandokhil remarked: “I said all judges should be included in the constitutional bench but you [Zuberi] Oppose it. “

“I did not say that not all judges should be included in the constitutional bench.”

Justice Malik further asked the lawyer why he wants a judges -based bench before the 26th Constitutional Amendment.

“What is your position? Should we set up a full court or instruct the JCP? [to do so]? Justice Mazhar asked Zabri.

The lawyer replied, “The full court should constitute a constitutional bench.”

In addition, Justice Aminuddin noted that Zabri is neither looking for a 16-member bench nor a complete court, but instead of only 16 judges who will hear the case.

The judge added, “The constitutional committee of the judges has decided to form a constitutional bench through a majority.”

In addition, on the powers of the JCP, Justice Malik said that the body was not banned in connection with the nomination of the judges and that the current eight -member bench could direct the JCP to make a full court.

“The JCP has not been prevented from making such a court order,” he said.

Discussing that the aforementioned bench judges have judicial powers, lawyer Zubari said that it was not written that a complete court could not hear the case and that the powers of the complete court were “not extinguished”.

The lawyer noted, “The jurisdiction of the constitutional bench has not been extinguished to approve the court order.”

For this, Justice Hilali said that the court has to go before the 26th Amendment, and the constitutional bench can consider itself as SC and issue a decision.

Moreover, Justice Mandokhel asked why Zabri did not want all the judges to be on the bench.

“If we go with the amendment before and we want the CJP to set up a full court. [….] CJP [himself] The 26th Amendment is taking advantage of, “Justice Hilali gave remarks, adding that after that, Justice Mansoor Ali Shi will suffer the amendment.

At the end of Zabri’s remarks, the court adjourned the hearing till October 20.