SC bench hearing 26th Constitutional Amendment case dissolves

Islamabad: The Supreme Court bench hearing the case related to the 26th Constitutional Amendment and the authority of the regular bench to hear the case dissolved on Thursday.

According to the details, Justice Mansoor Ali Shah remarked that Justice Aqeel Abbasi has already decided this case in the Sindh High Court (SHC), and it cannot be heard today. The previous three-member bench will hear the case on Monday.

Justice Mansoor Ali Shah said that a new bench will have to be formed to hear the case, which is being appointed for hearing on Monday. Justice Irfan Saadat Khan was already part of the bench.

The learned judge said that it is necessary to review whether the authority to hear the case can be taken from the regular benches under Article 191A or not. On which the Additional Attorney General requested some time.

During the hearing, Justice Ayesha Malik said that let the case be fixed on Monday and then we will see the deadline.

Later, the court issued a notice of assistance to the Attorney General's Office and adjourned the hearing of the case until Monday.

It is pertinent to note that two days ago, the Supreme Court issued a written order to hear the Income Tax case on Monday. In the written order, Justice Mansoor Ali Shah raised a question on the jurisdiction of the bench under Article 191(A) of the Constitution.

Justice Mansoor Ali Shah had remarked on Monday during the hearing of the case related to the constitutionality of Sub-Clause 2 of Section 221(A) of the Customs Act that it is a matter of interpretation of the Constitution and under the current constitutional arrangement, this bench does not have this authority. But the question is whether jurisdiction can be taken away from us. This is a question of the independence of the judiciary. Jurisdiction has been taken away from the court through Article 191(A). How can a separate bench be formed within this court?

A three-member bench headed by Justice Mansoor Ali Shah of the Supreme Court heard the case, and Justice Ayesha Malik and Justice Irfan Saadat Khan were also included in the bench.