- “Full Court’s “period is not mentioned in Article 191-A: Justice Mazhar.
- Adds CJ has “no authority” in full legal related questions anymore.
- Specific judges cannot be included in full court: Justice Mandokhail
Islamabad: Supreme Court’s Justice Muhammad Ali Mazhar noted on Monday that constitutional affairs will “only be heard by the constitutional bench”.
Justice Mazhar adopted these comments when the SC constitution bench, led by Justice Amin-out-Din, heard several petitions filed against the 26th constitutional amendment adopted by Parliament in October 2024.
Other members of the bench include justice Jamal Khan Mandokhail, Justice Ayesha a Malik, Justice Syed Hasan Azhar Rizvi, Justice Musarrat Hilali, Justice Naeem Akhter Afghan and Justice Shahid Bilal Hassan.
“Whether you like it or not, the term full court is not mentioned in Article 191-A. Constitutional affairs will only be heard by the constitutional bench.”
Justice Mazhar added that the petitioners want Chief Justice to refer the case to a full court, adding that “Under Article 191-A, Chief Justice no longer has this authority [to do so]. ”
Investigation of the lawyer who represented one of the petitioners noted Justice Mazhar that some parties proposed the exclusion of judges from the full court appointed after the 26th constitutional amendment.
“The judge you want to include in the full court are actually judges, but not part of the constitutional bench,” he noted.
During the hearing, Justice Jamal Mandokhail noted that a full court cannot mean a bench consisting of specific judges. “You can only request a full court,” he said lawyer Abid Zuberi.
Justice Mandokhail said that if the judges appointed before the 26th change must be included, some other judges should be omitted.
Attorney Zuberi clarified that he does not suggest the removal of any judges from the Supreme Court.
Justice Mandokhail then asked, “If the legal commission declares that all the Supreme Court’s judges are part of the constitutional bench would you accept it?” To which spokesman Zuberi replied, “Yes, absolutely – we would accept it.”
The case was streamed live according to the previous decision made by the point of view. The court postponed after hearing the arguments hearing until tomorrow (Tuesday).
It should be noted here that several political parties, including Pakistan Tehreek-E-Insaf (PTI), Jamaat-e-Islami (JI), Sunni Ite Had Council (SIC), as well as various lawsuits and former presidents of the Supreme Court Bar Association (SCBA), had challenged the change back in October 2024.
Tweaks in the Constitution, which has since come into force, require the legislator to choose Chief Justice, attach the top post of the top post and form constitutional benches.
Key points in 26. Amendments
- Chief Justice of Pakistans (CJP) employment period determined in three years.
- Constitutional benches to be created in SC and high courts.
- Senior judge for each bench to serve as presidential officer.
- Parliamentary committee to nominate new CJP from the panel with three most senior judges.
- Committee to propose name to PM, which then forward it to President of Final Approval.
- JCP, led by CJP and three others, is responsible for the appointment of SC -judges.
- JCP To monitor the judges’ performance, you must report any concerns to the Supreme Judicial Council.
- Complete extermination of Riba (interest) from the country by January 1, 2028.
