Notices to parties on petitions against 26th Constitutional Amendment

Islamabad: The Supreme Court has issued notices to the parties on the petitions against the 26th Constitutional Amendment.

The hearing on the petitions filed against the 26th Constitutional Amendment was held in the Supreme Court.

Justice Muhammad Ali Mazhar remarked that the matter of the full court could only go to the Chief Justice. Justice Jamal Mandokhel said that it seems that you were in a fighting mood from the first day, to which the lawyer of the petitioner, Faisal Siddiqui, said that we do not want to fight with anyone.

Justice Aminuddin stated that if any party is not ready to give arguments, the court will issue an order.  Justice Jamal said that he does not understand why you are hesitant. Whoever does not want to argue before this bench should sit back.

Justice Ayesha Malik added there is no ban on forming a full court. Lawyer Faisal Siddiqui said the 26th Constitutional Amendment is against the principle of separation of powers. Uzair Bhandari said the House was incomplete at the time of approval of the 26th Amendment.

Justice Jamal Mandokhel asked if the voting was on the total members for the 26th Constitutional Amendment or on the available members. To which lawyer Faisal Siddiqui said that the available members voted on the 26th Constitutional Amendment. Justice Mandokhel inquired whether the total of available members meets two-thirds of the House.

Lawyer Faisal Siddiqui said that the government had already completed the count, and they are not raising this issue. Justice Ayesha asked was the representation of all provinces in the House complete.

The petitioner's lawyer said that Khyber Pakhtunkhwa's representation in the Senate was not complete, the Senate elections were still being held there.

Lawyer Salahuddin said that Akhtar Mengal's petition had drawn a map of the circumstances of the amendment. It should be considered how free the assembly members were to vote. Justice Ayesha Malik said that the decision on reserved seats was not implemented either. Lawyer Salahuddin said that a point about reserved seats was also raised in the petition.

Lawyer Salahuddin said that if the House was not complete, how could he make the amendment? While lawyer Shahid Jamil said that only the real representatives of the people have the authority to make constitutional amendments.

Justice Muhammad Ali Mazhar said that you want to wait for the decisions of the election cases, then hear the constitutional amendment case. In this way, the constitutional amendment case will remain pending for a long time.

The Supreme Court issued notices to the parties on the request for the 26th Constitutional Amendment, the formation of a full court and live broadcasting of the court proceedings, and adjourned the hearing of the case for three weeks.