Eight-member bench debates jurisdiction; full court formation sought.
ISLAMABAD: (UrduPoint/UrduPoint / Pakistan Point News-Oct,20, 2025) The Supreme Court continued hearing petitions challenging the 26th Constitutional Amendment, with an eight-member constitutional bench led by Justice Aminuddin Khan conducting the proceedings.
During the hearing, Justice Jamal Mandokhail remarked, “When the Chief Justice orders, we will take off one hat and put on another,” referring to the court’s dual roles under constitutional and full court capacities.
The bench includeincludees Justices Jamal Mandokhail, Muhammad Ali Mazhar, Ayesha Malik, Hasan Azhar Rizvi, Musarrat Hilali, Naeem Akhtar Afghan, and Shahid Bilal.
Senior lawyer Akram Sheikh argued that the 26th Amendment had deeply affected the Constitution and requested its annulment, urging that the case be heard by a full court of all 24 judges instead of a smaller constitutional bench. He contended that even dictators had not made such sweeping constitutional changes.
Justice Aminuddin responded that the bench was bound by its oath and accountable to the nation under the Constitution, emphasizing the need to first decide whether the current bench could hear the case.
The justices engaged In extensive debate with the petitioner over whether the eight-member bench had jurisdiction and whether a full court could be constituted to hear the matter. Justice Mandokhail reiterated that a smaller bench cannot overturn a larger bench’s decision.
The court also discussed procedural questions regarding how a full court could be formed and whether such an order could be issued by the current bench.
After hearing arguments from Akram Sheikh and Shabbir Raza Rizvi, who both called for the case to be referred to the Supreme Court in full composition, the court adjourned the hearing until 11:30 a.m. tomorrow.
