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SC bench reaffirms authority to hear petitions against 26th amendment

by Sub News
October 15, 2025
SC bench reaffirms authority to hear petitions against 26th amendment
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Islamabad, October 15, 2025: The Supreme Court’s constitutional bench on Wednesday reaffirmed its jurisdiction to hear petitions challenging the 26th Constitutional Amendment, with Justice Muhammad Ali Mazhar noting that judges from all constitutional benches could be included in the proceedings if required.

An eight-member bench, headed by Justice Amin-ud-Din Khan, heard multiple petitions filed by political parties, including the Pakistan Tehreek-e-Insaf (PTI), Jamaat-e-Islami, and Sunni Ittehad Council, as well as bar associations and former presidents of the Supreme Court Bar Association and Pakistan Bar Council.

The bench comprises Justices Jamal Khan Mandokhail, Ayesha A. Malik, Syed Hassan Azhar Rizvi, Musarat Hilali, Naeem Akhtar Afghan, Shahid Bilal Hassan, and Muhammad Ali Mazhar.

During the proceedings, advocate Abid Zuberi, representing former bar presidents, argued that the Chief Justice of Pakistan (CJP) had the authority under Article 75 of the Constitution to constitute a full court.

However, Justice Amin-ud-Din disagreed, observing that such an order would exceed the powers of judges not part of the constitutional bench and that the CJP held no administrative control in this specific context.

Justice Ayesha Malik questioned whether Article 191A restricted the bench from issuing such an order, while noting that the Judicial Commission of Pakistan (JCP) could still be directed to form a full court if deemed necessary.

Justice Musarat Hilali remarked that the CJP himself was a beneficiary of the 26th Amendment, while Justice Mandokhail asked why the petitioners opposed the inclusion of all judges in the case.

After hearing extensive arguments, the bench adjourned proceedings until October 20, maintaining that the constitutional bench retains full judicial authority to adjudicate the petitions.

Tags: 26th Constitutional Amendmentadvocate Abid ZuberiAyesha A. MalikChief Justice of PakistanCJPConstitutional benchIslamabadJCPJudicial Commission of PakistanJustices Jamal Khan MandokhailMusarat HilaliNaeem Akhtar AfghanPakistanPakistan Bar CouncilPakistan Tehreek-e-InsafPTISCSCPShahid Bilal HassanSupreme CourtSupreme Court Bar AssociationSupreme Court of PakistanSyed Hassan Azhar Rizvi
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