- “The term “full court” is not mentioned in Article 191-A: Judge Mazhar.
- He adds that CJ no longer has “authority” in court-related matters.
- Specific judges cannot be included in the full court: Judge Mandokhail
ISLAMABAD: Supreme Court Justice Muhammad Ali Mazhar on Monday noted that constitutional matters “will only be heard by the constitutional court.”
Justice Mazhar approved these statements while the SC constitutional bench, headed by Justice Amin-ud-Din, was hearing several petitions filed against the 26th Constitutional Amendment passed by Parliament in October 2024.
Other members of the court 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 expression plenary session is not mentioned in article 191-A. Constitutional issues will only be heard by the Constitutional Chamber.”
Justice Mazhar added that the petitioners want the Chief Justice to refer the matter to a full court, adding, “Under Article 191-A, the Chief Justice no longer has that authority. [to do so].”
Questioning the lawyer representing one of the petitioners, Justice Mazhar commented that some parties suggested the exclusion of judges from the full court appointed after the 26th Constitutional Amendment.
“The judges that you want to include in the full court are indeed judges, but they are not part of the constitutional court,” he commented.
During the hearing, Justice Jamal Mandokhail observed that a full court cannot mean a court composed of specific judges. “You can only request a full court,” he told lawyer Abid Zuberi.
Justice Mandokhail said that if judges appointed before the 26th Amendment are included, some other judges would have to be left out.
Lawyer Zuberi clarified that he is not suggesting the dismissal of any Supreme Court judge.
Justice Mandokhail then asked: “If the Judicial Commission declares that all judges of the Supreme Court are part of the constitutional court, would you accept it?” To which attorney Zuberi responded: “Yes, absolutely, we would accept it.”
The case proceedings were live-streamed as per the apex court’s earlier decision. The court, after hearing the arguments, adjourned the hearing until tomorrow (Tuesday).
It may be noted here that multiple political parties, including Pakistan Tehreek-e-Insaf (PTI), Jamaat-e-Islami (JI), Sunni Ittehad Council (SIC), as well as several bar associations and former presidents of the Supreme Court Bar Association (SCBA), had challenged the amendment in October 2024.
The changes to the constitution, which have since taken effect, require the legislature to elect the chief justice, set the term of office and form constitutional benches.
Key Points of the 26th Amendment
- The tenure of the Chief Justice of Pakistan (CJP) was fixed at three years.
- Constitutional chambers will be established in the TS and the high courts.
- The highest-ranking judge of each court will serve as president.
- Parliamentary committee to nominate a new CJP from the panel of three senior judges.
- The committee will propose the name to the prime minister, who will then send it to the president for final approval.
- JCP, led by the CJP and three others, responsible for the appointment of SC judges.
- The PCJ will monitor the performance of judges and report any concerns to the Supreme Judicial Council.
- Complete eradication of Riba (interest) from the country by January 1, 2028.
