ISLAMABAD: The Supreme Court’s Constitutional Bench Head, Justice Amin-ud-Din Khan, on Monday strongly defended the 26th Constitutional Amendment, saying it should not be labelled as “controversial.”
Justice Amin made the remarks while presiding over an eight-member bench hearing more than three dozen petitions challenging the amendment, which was passed by Parliament in October last year. The bench includes Justices Jamal Khan Mandokhail, Ayesha A. Malik, Syed Hassan Azhar Rizvi, Musarat Hilali, Naeem Akhtar Afghan, and Shahid Bilal Hassan.
Petitioners Demand Full Court
The petitioners — including PTI, JI, SIC, various bar associations, and former presidents of the SCBA — argued that the amendment undermines the Constitution and the judiciary. Senior lawyer Akram Sheikh, appearing in his personal capacity, urged the court to form a 24-member full court instead of the current bench, raising concerns of conflict of interest.
“The 26th Amendment has shattered the Constitution and one of the state’s organs,” Sheikh argued, expressing hope that the judges would have the courage to strike it down.
Justice Mandokhail questioned whether the amendment, already part of the Constitution, could now be simply removed. Justice Amin rebuked Sheikh, saying he had failed to present a concrete legal or constitutional point.
Judges Debate Bench Composition
The hearing also saw debate over which judges were eligible to hear the case. Justice Bilal Hassan asked: “If you say we are beneficiaries and cannot declare the amendment null and void, then which judges are left to hear the case?”
Justice Mandokhail further clarified that judges serve in dual roles — as general judges and as members of constitutional benches. Justice Mazhar asked whether all 24 judges of the SC should hear the case, to which Sheikh replied that only those without a “disturbed conscience” should sit on the bench.
Petitioner Shabbar Raza Rizvi later argued that the matter should be referred to a full court, stressing that the case impacts the judiciary as a whole. “This case should be heard by the SC and not just a bench,” he maintained.
Next Hearing Scheduled
After lengthy arguments, the court adjourned the hearing till 11:30am on Wednesday (tomorrow), leaving the future of the 26th Amendment in judicial limbo.
