Lawyer Aziz Bhindari insists CB will order formation of full court

Justice Jamal Khan Mandokhel of the constitutional bench (CB) of the Supreme Court (SC) said on Thursday that first of all it would have to be decided which forum would hear the 26th Amendment case, reported 24NewsHD TV channel.

During the hearing of 36 petitions, filed against the 26th Amendment, by an eight-member constitutional bench (CB), headed by Justice Aminuddin Khan, Aziz Bhindari, a lawyer, said that the answer to the question that who would order the formation of a full court was that the present bench would do so. “If the present bench gives an order, it will be binding on all and sundry,” he argued.

Justice Mandokhel asked, “Whether a full bench can comprise of eight judges.”

“Yes, indeed,” responded Bhindari, adding, “In the committee’s decision, the word ‘full court’ has been mentioned. There are no details of how many members it should comprise of.”

Justice Muhammad Ali Mazhar asked how Article 191-A could be ignored which became the basis of this bench. 

Addressing Bhindari, the judge said it was surprising that he was asking for ignoring the article, which led to the creation of the bench.

Justice Shahid Bilal Hassan remarked, “On one hand, you are asking for ignoring the article, while on the other you want the bench to order the formation of a full court.”

The lawyer said there was a decision by the Practice and Procedure Committee, which was binding on all.

Justice Aminuddin Khan asked whether the decision would apply to the present bench as well. “A full court will be formed in the light of the decision. And definitely, it is obligatory upon the bench to accept the decision,” replied Bhindari.

There was, the lawyer went on to say, an administrative order. “And there is no justification for its violation.”

Justice Mazhar remarked that a big issue confronting the bench was how it could ignore Article 191-A.

Bhindari said it was for the court to decide whether the article was legal or not.

“It is legal. That’s why it is part of the constitution,” the judge insisted.

The lawyer argued that the SC could hear the case.

Justice Aminuddin said that amounted to the suspension of the 26th Amendment.

Justice Ayesha said that the article gave powers to the apex court.

Bhindari said that all judges were part of the SC. “They all had judicial powers.”

The case’s hearing was adjourned until November 10.

Reporter: Hashir Warraich