By Asif Naveed
ISLAMABAD; An eight-judge Constitutional Bench (CB) of the Supreme Court on Tuesday approved requests to live stream the proceedings on petitions challenging the 26th Constitutional Amendment — a controversial legislation that has sparked intense legal and political debate since its passage in October last year.
The amendment, passed by both houses of parliament, removed the Supreme Court’s suo motu powers, limited the chief justice’s tenure to three years, and authorized the prime minister to appoint the next CJP from among the three most senior judges. It also paved the way for the creation of the CB, which is now hearing the very petitions challenging the amendment itself.
Proceedings Resume After Nine Months
The CB, headed by Justice Aminuddin Khan and comprising Justices Jamal Khan Mandokhail, Muhammad Ali Mazhar, Ayesha Malik, Syed Hasan Azhar Rizvi, Musarrat Hilali, Naeem Akhtar Afghan and Shahid Bilal Hassan, resumed the hearing after a gap of several months. The session primarily focused on three issues: formation of a full court to hear the petitions, objections to the CB, and requests for live streaming.
Justice Aminuddin clarified at the outset that the bench would first address full court requests and objections, before deciding on the streaming issue. However, several lawyers argued that live streaming would allow the public to understand the basis of their requests, citing the constitutional significance of the case.
Barrister Salahuddin Ahmed argued that the 26th Amendment was passed “in the darkness of the night” without public debate. He said citizens had a right to information and pointed out that previous significant cases, including Zulfikar Bhutto’s case, were also broadcast live.
Bench Approves Live Streaming
After hearing multiple arguments, the bench reserved and later approved the requests for live streaming, with the next hearing scheduled for Wednesday at 11:30am.
During the hearing, lawyers representing the Khyber Pakhtunkhwa government and Tehreek-i-Tahaffuz Ayeen-i-Pakistan also supported the call for a full court, although they raised no objection to the current bench’s composition.
Petitions Challenge Core Provisions
The petitioners—including PTI, bar associations and legal activists—have asked the court to strike down the 26th Amendment, arguing it violates procedural requirements under Article 239 and undermines judicial independence. They have also challenged related laws such as the Supreme Court (Practice and Procedure) Act 2024 and the Supreme Court (Number of Judges) (Amendment) Act 2024, terming them unconstitutional.
Meanwhile, internal Supreme Court correspondence from August revealed disagreements over why the case was not presented to a full court earlier, with Justices Mansoor Ali Shah and Munib Akhtar calling it a “lost golden opportunity” to resolve the matter collectively.
