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ISLAMABAD, Oct 15 (APP): The Supreme Court’s eight-member constitutional bench on Wednesday adjourned further proceedings in the 26th Constitutional Amendment case until October 20, after completing the arguments of senior lawyer Abid Zuberi, representing former presidents of the Supreme Court Bar Association.
The bench, headed by Justice Amin-ud-Din Khan, included Justices Jamal Khan Mandokhail, Ayesha Malik, Muhammad Ali Mazhar, Hassan Azhar Rizvi, Musarrat Hilali, Naeem Akhtar Afghan and Shahid Bilal.
At the outset, Justice Mandokhail remarked, “We hope you will conclude your arguments today,” to which Zuberi responded that he would. Presenting his case, Zuberi argued that the formation of benches is the authority of the Practice and Procedure Committee, whereas the Constitutional Committee can only constitute constitutional benches comprising up to 15 judges. He added that while a constitutional bench may create additional benches, a full court can only be constituted through a judicial order.
Justice Musarrat Hilali questioned whether, under this interpretation, the full court should no longer be called a “bench.” Zuberi replied that it should indeed be referred to only as a “full court.”
Justice Ayesha Malik raised questions about Article 191-A, asking whether it limits the formation of a full court. Justice Muhammad Ali Mazhar noted that including or excluding judges from a bench falls under the Judicial Commission’s authority.
Zuberi cited examples from India and South Africa, where the Chief Justice has the power to form constitutional benches, saying Pakistan’s setup differs. He emphasized that the case concerns judicial independence and the role of the Judicial Commission.
After concluding arguments, Justice Amin-ud-Din said, “Since the Supreme Court Bar elections are tomorrow, we will resume on Monday.” The hearing was adjourned until October 20.