ISLAMABAD: Chief Justice of Pakistan (CJP) Yahya Afridi has maintained that only the Constitutional Bench (CB) — not the full court — is empowered to hear identical petitions challenging the 26th Constitutional Amendment.
This position emerged from the minutes of judges’ committee meetings, held between October 31, 2024 and May 29, 2025, which have now been made public on the Supreme Court’s website. The disclosure highlights differences among judges over the forum for hearing the petitions.
According to the SC website, a meeting of the committee, formed under the Supreme Court (Practice and Procedure) Act, 2023, was held on October 31, 2024, attended by Justice Syed Mansoor Ali Shah and Justice Muneeb Akhtar. The meeting, convened by the members in the chamber of Justice Muneeb Akhtar, resolved — by majority — to place the petitions before the full court for hearing on November 4, 2024.
However, CJP Afridi, in his written response, objected to the move, citing Article 191A — inserted through the 26th Amendment — which, he said, stipulates that only the Constitutional Bench can hear petitions filed under Article 184(3) of the Constitution. He noted that sub-clause (4) of Article 191A authorises the Constitutional Bench Committee, not the regular judges’ committee, to fix such cases.
The CJP revealed he had sought the views of all 13 apex court judges, with nine supporting the Constitutional Bench route and only two — Justices Mansoor Ali Shah and Muneeb Akhtar — favouring a full court. He added that two sealed letters from judges supporting the full court option were later received and kept in the custody of the Judicial Commission’s secretary pending its November 5, 2024 meeting.
During the Judicial Commission of Pakistan’s (JCP) session on December 6, 2024, Justice Mansoor Ali Shah proposed forming a full court to hear the petitions. The CJP reportedly replied that the JCP’s scope did not extend to deliberating on the 26th Amendment and reiterated that, under the amendment, only the Constitutional Bench Committee could fix constitutional matters for hearing. Sources said the majority of JCP members backed the Chief Justice’s stance.
