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The Supreme Court (SC) has rejected the demand for the formation of a full court to hear the petitions challenging the 26th Constitutional Amendment. During Monday’s hearing, lawyers for the petitioners urged the constitutional bench (CB) to consider forming a full court, but the bench, led by Justice Aminuddin Khan, made it clear that this would not be possible.
Justice Muhammad Ali Mazhar, part of the eight-member bench, remarked that the petitioners themselves appeared divided on the matter. He questioned why the lawyers couldn’t accept the constitutional bench as a full court, given the confusion surrounding the request. Justice Mazhar added, “First decide amongst yourselves what you people want.”
Justice Jamal Mandokhel also clarified that the formation of a full court was not feasible at this time. He said the constitutional bench was the only body authorized to hear the petitions. If a full court were to be formed, Mandokhel noted, further objections could arise, particularly regarding the inclusion of CB judges in such a setup.
The hearing followed a petition filed by Pakistan Tehreek-e-Insaf (PTI) against the controversial 26th Constitutional Amendment, which was passed by parliament earlier this year. PTI is challenging the amendment, arguing that it violates the constitution and fundamental human rights. The party contends that the amendment is politically motivated and has been used by the ruling Pakistan Muslim League-Nawaz (PML-N) and its allies to serve their interests.
The 26th Amendment introduces significant changes to the process of appointing the chief justice of Pakistan, granting parliament more power in the selection process and introducing a fixed three-year term for the office. The amendment also creates a new group of senior judges to exclusively handle constitutional issues. Critics argue that the timing of the amendment, which occurred just before then-Chief Justice Qazi Faez Isa’s retirement, was politically driven, especially since it affected the expected promotion of the next most senior judge, Mansoor Ali Shah.
The petitioners’ legal teams have also requested the court to live-stream the proceedings, which will be considered at a later date. The case has been adjourned for three weeks as the court continues to review the matter.
