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SC told constitutional bench empowered to summon full court in 26th Amendment case – SUCH TV



Lawyer for the Balochistan High Court Bar Association (BHCBA) Munir A. Malik on Thursday also demanded the formation of a full court to hear 36 petitions filed against the 26th Constitutional Amendment.

During the hearing of 36 petitions challenging the 26th Amendment, he said that the constitutional bench (CB) had the power to give a judicial order for the formation of a full court. “And there are judicial precedents which support my viewpoint,” he said, and added, “This is my request that a full court be constituted, comprising all judges of the CB.”

An eight-member CB, headed by Justice Aminuddin Khan, heard the petitions.

Justice Muhammad Ali Mazhar asked whether the bench could give such an order after the passage of the 26th Amendment.

Justice Ayesha Malik said that if an amendment was sub judice, then the court could order the constitution of a full court according to the procedure which was in vogue prior to its passage.

Concurring with the judge, Munir said, “You are quite right. And the bench can order the formation of a full court.”

Justice Ayesha then asked whether there was any obstacle in the way of the formation of a full court.

Justice Mazhar asked whether the bench would violate Article 191 by giving the judicial order.

Munir said, “No sir! there will not be any violation. Because the bench has judicial powers.”

The lawyer went on to say that for the first time, it was the Shariat Court, which had formed a full court.



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