Justice Jamal Mandokhel of the constitutional bench (CB) of the Supreme Court (SC) on Monday asked whether the CB was bound to change the bench on the insistence of the lawyers representing those who had challenged the 26th Amendment, reported 24NewsHD TV channel.
During the hearing of 36 petitions filed against the amendment, the judge asked whether a party could demand the composition of the bench according to its liking.
An eight-member bench heard the petitions.
Abid Zuberi, counsel for the former presidents of the Supreme Court Bar Association (SCBA), reiterated the demand for the formation of a full court, saying that there were rulings by the SC in which it had ordered the formation of full court on certain matters. “The case under review is of extreme importance. Therefore, the constitution of full court is necessary,” he emphasized.
He reiterated the demand for the inclusion of judges in the full court who were on the bench prior to the passage of the amendment.
Justice Jamal Mandokhel, while addressing Zuberi, said that he (Zuberi) did not want a full court, comprising all 24 judges. “What you want are the judges of your choice.”
The judge further said that he (Zuberi) could call the chief justice the beneficiary of the amendment, but not him and other judges.
Justice Muhammad Ali Mazhar asked as to who would hear the case when all judges on the bench, including the chief justice, were the beneficiaries of the amendment.
Zuberi replied that he had not called him the beneficiary of the amendment. “Neither have I called Justice Mandokhel the beneficiary,” he clarified.
Justice Ayesha Malik inquired from Zuberi as to what he was up to.
The latter replied that those judges who were in the apex court prior to the passage of the amendment should be on the new bench, which would be formed to hear these 36 petitions.
Justice Mandokhel asked Zuberi whether he thought that an eight-member bench would be prejudiced towards the petitioners.
Zuberi argued that full court represented the collective wisdom of judges.
Justice Aminuddin Khan remarked that the CB was bound by the constitution.
The case was adjourned until tomorrow.
Reporter: Amanat Gishkori