ISLAMABAD: The Supreme Court on Monday issued notices on petitions against the 26th Constitutional Amendment, formation a full court and live broadcast of the court proceedings.
An eight-member constitutional bench headed by Justice Amin-ud-Din Khan and including Justices Jamal Khan Mandokhail, Muhammad Ali Mazhar, Ayesha Malik, Hassan Azhar Rizvi, Musarat Hilali, Naeem Akhtar Afghan and Shahid Bilal is hearing the petitions.
At the outset of proceedings, advocates Hamid Khan and Faisal Siddiqui came to the rostrum and requested to form a full court to hear the case.
Justice Mandokhail observed that Judicial Commission nominates judges in the Constitutional Bench. All the judges nominated by the commission have been part of this bench. He explained that the commission nominates judges, while a three-member committee fixes cases.
“A full court cannot be formed on your whim,” Justice Mandokhail added.
Justice Mazhar told the counsels to consider this bench as a full court. However, they argued that a full court comprising all the Supreme Court judges be formed. The justice rejected their request.
Justice Mandokhail observed that it is a full court as this bench comprises all the judges on the constitutional bench. Justice Ayesha remarked that there is no restriction on forming a full court.
Advocate Siddiqui said that the 26th Amendment is against the principle of separation of powers. Advocate Aziz Bhandari stated that the House was incomplete at the time of approval of the 26th Amendment.
Justice Mandokhail asked him whether the voting for the 26th Amendment was based on the total members [of the assembly] or on the members sitting in the House? Advocate Siddiqui replied that it was done by the members present.
The justice questioned him whether those members in House were two-thirds of the full House? The counsel replied that [they had] somehow completed the numbers and added that he was not objecting to that.
Justice Ayesha Malik asked him whether all the provinces were fully represented in the House. Advocate Siddiqui said that Khyber Pakhtunkhwa was not fully represented in the Senate. The Senate elections were held up to the extent of Khyber Pakhtunkhwa.
Later, the court issued notices on the petitions against the 26th Constitutional Amendment. The court also issued notices on the petition for the formation of a full court and live streaming of the proceedings and adjourned the hearing for three weeks.
It may be noted that two dozen petitions, including those by the Pakistan Tehreek-e-Insaf, have been filed against the 26th Constitutional Amendment.
