Present bench cannot hear pleas against 26th Amendment, says Akram Sheikh
Lawyer says small bench cannot annul verdict given by larger bench
Akram Sheikh, a lawyer and one of the petitioners, said on Monday that the constitutional bench (CB) of the Supreme Court (SC) could not hear the 36 petitions filed against the 26th Amendment, reported 24NewsHD TV channel.
During the hearing of these petitions by an eight-member bench, headed by Justice Aminuddin Khan, he said that there was a principle that a small bench could not declare null and void the ruling given by a larger bench.
On this occasion, Justice Muhammad Ali Mazhar told the lawyer that now when the bench had been formed, he would have to give arguments before it. “Your argument is that the present bench could not hear the case because this would be a conflict of interests,” the judge said, and added, “On the other hand, you say that there should be a full court, comprising 24 judges.”
“Would not it be a conflict of interests then?” he questioned.
Addressing Shiekh, Justice Jamal Mandokhel asked whether he wanted the bench to order that the case would be heard by the SC. “Will you please tell us who will order the formation of a full court?”
Justice Aminuddin said that the lawyer would have to satisfy the bench that it could not hear the case. “Until and unless you do so, the bench will not accept your plea.”
Sheikh prayed to the bench to refer the matter of the formation of a full court to the chief justice of Pakistan (CJP).
Later, hearing of the case was adjourned until tomorrow.
Reporter: Hashir Warraich