ISLAMABAD: Justice Aminuddin Khan on Wednesday stressed relying on the existing Constitution until a fresh amendment is made, adding that if we forget Article 191A, then the Supreme Court would cease to exist today.
Justice Aminuddin Khan was heading an eight-member Constitutional Bench hearing 36 identical petitions challenging the validity of the 26th Constitutional Amendment. Other members of the bench were Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Ayesha A Malik, Justice Syed Hassan Azhar Rizvi, Justice Musarat Hilali, Justice Naeem Akhtar Afghan and Justice Shahid Bilal Hassan.
The hearing is being conducted through live streaming on the SC YouTube channel.
Hamid Khan, counsel for the Lahore High Court Bar Association and Lahore Bar Association, commenced his arguments and stressed the formation of a Full Court for hearing the petitions. “Do you mean Article 187?” Justice Mazhar asked. Hamid Khan replied in affirmative, saying the court could exercise this power under Article 187.
Justice Aminuddin, however, remarked that the Supreme Court as well as lawyers rely on the Constitution.
Justice Mandokhail then asked Hamid Khan if they accept his argument and consider all current Supreme Court judges part of the Constitutional Bench, would that satisfy him.
Hamid Khan replied that the concept of a Constitutional Bench itself has been introduced through the 26th Amendment.
Justice Mandokhail, however, clarified that they did not introduce that concept but Parliament did, asking the counsel not to blame them for this.
Hamid Khan, however, suggested the bench forget about Article 191A for a moment. At this, Justice Mazhar replied that if they forget that article, then the Constitutional Bench would cease to exist. Justice Mandokhail questioned if the Constitutional Bench doesn’t exist, how could they issue any order.
Hamid Khan maintained that the key question was whether the 26th Amendment was even in accordance with the Constitution. He urged the court to include the remaining eight judges to make it a full court, saying that whenever the Constitution itself is in question, a full court has always been formed. In this respect, he cited various judgements given by the Full Court mostly related to constitutional amendments.
Justice Afghan, however, remarked that the current situation was different, pointing out that in the past, the Supreme Court (Practice and Procedure) Act did not exist, so the chief justice had used his powers to form a full court.
Now, under the Constitution and the law, the authority lies with the Supreme Court Practice and Procedure Committee.
Meanwhile, after Hamid Khan concluded his arguments, the court adjourned the hearing until today (Thursday) at 11:30am.