The Supreme Court has accepted the petitions against the 26th Constitutional Amendment for formal hearing. The court has issued notices to the parties concerned.
The apex court also issued notices on the request for the formation of a full court and live broadcast of the court proceedings.
Lawyers requested the constitutional bench of the Supreme Court to form a full court on the petitions against the 26th Amendment, at which Justice Jamal Mandokhel remarked that a full court cannot be formed as per their wishes. The Judicial Commission nominates judges to the constitutional bench, all of whom are part of this bench.
Justice Ayesha Malik remarked that there is no restriction on the formation of a full court. Justice Mandokhel added that the Judicial Commission nominates judges, and a three-member committee fixes cases.
Justice Muhammad Ali Mazhar, while addressing the petitioner's lawyers, said they were themselves confused about the issue of full court, and should consider this bench as the full court. The lawyers said a full court should be formed comprising all the judges present in the Supreme Court.
Justice Mazhar said this was not possible, as only the constitutional bench will hear constitutional matters. Justice Mandokhel said a full court has been formed, comprising all the judges present in the constitutional bench.
Advocate Salahuddin said that Akhtar Mengal's petition has outlined the circumstances of the amendment, including how free lawmakers were to vote, asking for it to be taken into account. Justice Malik remarked that the decision on reserved seats was also not implemented.
The lawyer said a point regarding the reserved seats was also raised in the petition, questioning how the amendment could be passed if the house was not complete. Senior lawyer Shahid Jamil said only the real representatives of the people have the authority to amend the Constitution.
Justice Mazhar asked, "Do you want to wait for decisions on the election cases and then have the constitutional amendment case takne up?"
This way, he added, the constitutional amendment case will remain pending for a long time. Later, the court issued notices to the parties concernd and adjourned the hearing for another three weeks.
