An argumentation took place between Justice Jamal Mandokhel and Justice Ayesha A. Malik of the constitutional bench of the Supreme Court (SC) on Tuesday when the former said that the Supreme Court (SC) rules had been made in the presence of 24 judges of the apex court, reported 24NewsHD TV channel.
These remarks during the hearing of 36 petitions filed against the 26th Amendment irked Justice Ayesha who said not all judges were present at the time of the making of these rules. “I had penned down a note in this regard,” she added.
Justice Mandokhel then asked for minutes of the meeting, adding all judges had been asked to give their input.
He further said that there would be no further proceedings in the case until and unless the matter was cleared.
The attorney general of Pakistan said that since it was an internal matter, therefore, it should not be discussed in the court.
Justice Mandokhel replied that he had been called a liar.
“I am speaking to a lawyer, not to you,” the judge said angrily to Justice Ayesha.
Justice Mandokhel insisted that he would not allow the proceedings to continue until and unless he was finished.
Justice Musarrat Hilali urged both the judges to exercise restraint and don’t shout at each other.
Justice Muhammad Ali Mazhar remarked that the rules had been made through circulation. “Some of the judges had given their output, while others did not.”
Justice Aminuddin Khan asked whether the chief justice had the power to form a full court comprising all judges of the constitutional bench.
Abid Zuberi, counsel for the Supreme Court Bar Association (SCBA), replied that the chief justice had the power to form a full court. “A direction can be given to form a full court,” he added.
The case’s hearing was adjourned until tomorrow.
Reporter Amanat Gishkori