An eight-member Constitutional Bench of the Supreme Court on Tuesday resumed hearing a set of petitions challenging the 26th Amendment.
The Amendment was passed by Parliament during an overnight session in October last year, with the PTI claiming seven of its lawmakers were abducted to gain their favour as the party opposed the legislation. The Balochistan National Party-Mengal (BNP-M) also alleged its two senators were being pressured, with both later defying party line to vote in the tweaks’ favour.
The legislation, which altered judicial authority and tenure, has been a lightning rod for debate, with both opposition parties and legal experts questioning its impact on the judiciary’s independence. The tweaks took away the SC’s suo motu powers, set the chief justice of Pakistan’s (CJP) term at three years and empowered a Special Parliamentary Committee for the appointment of the CJP from among the three most senior SC judges. It also paved the way for the formation of the CB, which is now hearing petitions against the very legislation that enabled its establishment.
The bench hearing the pleas is headed by Justice Aminuddin Khan and also includes Justices Muhammad Ali Mazhar, Jamal Khan Mandokhail, Ayesha Malik, Syed Hasan Azhar Rizvi, Musarrat Hilali, Naeem Akhtar Afghan and Shahid Bilal Hassan.
Retired Justice Syed Shabbar Raza Rizvi, a former Lahore High Court judge, continued his arguments today when the hearing began at 11:30am.
Thus far, Lahore High Court Bar Association (LHCBA) lawyer Hamid Khan, Balochistan High Court Bar Association’s counsel Munir A. Malik, and petitioners Barrister Salahuddin Ahmed and senior lawyer Abid Shahid Zuberi have presented their arguments.
They have sought the formation of a 16-member full court as per the number of judges present in the SC in Oct 2024, when the Amendment was passed.
Meanwhile, during yesterday’s hearing, senior lawyer Muhammad Akram Sheikh and retired Justice Rizvi, requested for a full court comprising all 24 current SC judges.
Judges have questioned whether the CB has the power to issue orders for the constitution of a full court, as requested by petitioners.
More to follow
