Justice Mazhar: Constitutional Bench is part of Supreme Court, not distinct
“Justice Mazhar says the Constitutional Bench is not separate from the SC.”
Key points
- Justice Mazhar says the Constitutional Bench is not separate from the SC.
- Petitioners from parties and bar bodies challenge the 26th Amendment.
- Debate centres on full-court formation, Article 191A and 184(3).
- Hearing adjourned until November 10 for further arguments.
During proceedings on challenges to the 26th Constitutional Amendment, Justice Muhammad Ali Mazhar remarked that the Constitutional Bench (CB) and the Supreme Court are not separate bodies, noting, “We are also judges of the SC.” The observation came as an eight-member bench led by Justice Amin-ud-Din Khan heard arguments in Islamabad.
Petitioners include political parties and bar associations—among them PTI, Jamaat-e-Islami, the Sunni Ittehad Council, the Lahore and Karachi bar associations, former SCBA presidents and others—who have questioned the amendment’s validity. A lawyer for the SIC argued the matter could be placed before a full court, citing precedents and traditions, while the bench examined how Article 191A intersects with the court’s jurisdiction.
Justice Ayesha Malik asked whether the apex court would cease hearing matters under Article 184(3) if a CB were not formed, probing the implications for future full-court compositions. The bench discussed whether an administrative order could bind formation of a full court and how to address judges possibly affected by the amendment. After exchanges on jurisdiction and practice, the court adjourned further hearing until November 10, subject to the bench’s availability.
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