ISLAMABAD: Justice Ayesha Malik on Wednesday observed that there was no bar on a full Supreme Court hearing a case fixed before the Constitutional Bench under Article 191A introduced in the 26th Amendment.
She made the remarks as an eight-member resumed hearing over three dozen petitions against the 26th Constitutional Amendment, which was passed by Parliament during an overnight session in October last year.
At the time, the PTI claimed seven of its lawmakers were abducted to gain their favour as the party opposed the legislation. The Balochistan National Party-Mengal (BNP-M) also alleged its two senators were being pressured, with both later defying party line to vote in the tweaks’ favour.
The legislation, which altered judicial authority and tenure, has been a lightning rod for debate, with both opposition parties and legal experts questioning its impact on the judiciary’s independence. The tweaks took away the SC’s suo motu powers, set the chief justice of Pakistan’s (CJP) term at three years and empowered a Special Parliamentary Committee for the appointment of the CJP from among the three most senior SC judges. It also paved the way for the formation of the CB, which is now hearing petitions against the very legislation that enabled its establishment.
The hearing
Advocate Khwaja Ahmad Hosain, counsel for veteran politician Afrasiab Khattak, presented his arguments today.
The live stream of the hearing initially faced technical issues, with the audio being cut off. However, the issues were later resolved with proceedings being streamed as per usual. The hearing was later adjourned till 11:30am tomorrow (Thursday).
