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ISLAMABAD, Oct 22 (APP):The Supreme Court’s constitutional bench on Wednesday adjourned the hearing of petitions challenging the 26th Constitutional Amendment until Thursday after completion of arguments by Advocate Khawaja Ahmad Hussain.
An eight-member constitutional bench, headed by Justice Amin-ud-Din Khan, heard the case. The bench also included Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Ayesha A. Malik, Justice Hassan Azhar Rizvi, Justice Musarrat Hilali, Justice Naeem Akhtar Afghan, and Justice Shahid Bilal Hasan.
During the proceedings, Justice Ayesha Malik, while referring to Articles 191A(1) and 191A(3), observed that these provisions were procedural in nature and imposed no restrictions. She remarked that they should not be interpreted in a way that limits the powers of the Supreme Court.
Justice Muhammad Ali Mazhar noted that if 16 judges sit together, it would constitute a regular bench, not a constitutional one. At this point, Advocate Khawaja Ahmad Hussain argued that the case should be placed before the full court, as doing so would enhance the institution’s credibility.
Justice Jamal Khan Mandokhail asked whether the counsel did not have confidence in the present bench. In response, the lawyer clarified that he had full confidence in the bench but believed that such an important constitutional matter should be heard by the full court.
He further contended that there was no constitutional bar preventing a constitutional bench from referring a matter to the full court. He added that even if an amendment were to curtail the powers of the Supreme Court, the Court itself would still decide the matter, as the institution continues to exist.
Concluding his arguments, Khawaja Ahmad Hussain maintained that the Court has the authority to issue an order and refer the matter to the full court. He further stated that if the constitutional requirements for the amendment were not properly met, the composition of the bench could also be affected.
Subsequently, the bench adjourned the hearing until Thursday.