Hearing of petitions against the 26th Constitutional Amendment in the Supreme Court, detailed discussion on the composition and constitutionality of the Full Court

The hearing of 36 petitions filed against the 26th Constitutional Amendment in the Supreme Court of Pakistan has been initiated by an 8-member Constitution Bench headed by Justice Aminuddin Khan. The bench comprises Justice Jamal Mandokhil, Justice Mohammad Ali Mazhar, Justice Ayesha Malik, Justice Hassan Azhar Rizvi, Justice Musarat Hilali, Justice Naeem Akhtar Afghan and Justice Shahid Bilal Hassan. Also read: 3 senior-most Supreme Court judges are at odds over the determination of petitions against the 26th Constitutional Amendment
The hearing is being streamed live on the Supreme Court's YouTube channel, to ensure public transparency and trust. Arguments on behalf of the case are given by Abid Zubairi, the lawyer of the former presidents of the Supreme Court Bar, who said that this case is very important in the constitutional history of the country and therefore it should be heard in the form of a full court so that the common opinion of all the judges comes out. Discussion on the composition of the Full Court
There was a detailed discussion in the court regarding the formation of a full court. Advocate Abid Zubairi argued that judges prior to the 26th Constitutional Amendment should be included in the hearing as this amendment has led to the appointment of certain judges and the change in the appointment of the Chief Justice. He said that if a full court is created, it should include all the judges who were appointed before the constitutional amendment so that the hearing process is fair. Justice Jamal Mandokhil and other judges raised questions that there are currently 23 to 24 judges in the Supreme Court but why is there less number in the Constitution Bench and whether all the judges will be included in the constitution of the Full Court or only specific judges? Justice Ayesha Malik and Justice Muhammad Ali Mazhar, while highlighting the legal status of the full court, said that the full court is also actually a big constitutional bench and its composition and boundaries should be under constitutional orders. Constitutional Amendment and its Impact
It was also discussed in the arguments that there has been a change in the appointment of the Chief Justice and other Judges after the 26th Constitutional Amendment, due to which the question is whether this amendment is against the Constitution or not. Abid Zubairi said that after this amendment, some judges have benefited while some judges have not been included in it, which has led to a constitutional dispute. Read more: Mistakes in 26th constitutional amendment,govt must bring 27th amendment: Barrister Ali Zafar
Justice Jamal Mandokhil said that if there was no amendment, the present Chief Justice would not have become Yahya Afridi and therefore the matter is very sensitive. Justice Naeem Akhtar Afghan said that after the 26th Amendment, there is a difference in the number of judges and their inclusion and some judges were not included in the Constitution Bench. Constitutional Enforcement and Judicial Boundaries
The court considered the legal complexities regarding the composition of the Full Court and the involvement of judges. Justices Mushrat Hilali and Muhammad Ali Mazhar questioned whether the Constitution Bench can constitute a Full Court and whether the Chief Justice can be compelled to constitute a Full Court.
Abid Zubairi replied that after the judicial order, the Chief Justice is bound to make a full court and it is the power of the court to make a full court according to the nature of the hearing. Hearing adjourned
The court has adjourned the hearing until tomorrow to hear further arguments so that all parties can present their views in full and the court can make an appropriate decision. The case could be a milestone for Pakistan's constitutional system and judicial sovereignty, determining the constitutional limits of the court and the legality of political decisions.