Islamabad : The eight-member constitutional bench of the Supreme Court, while hearing petitions against the 26th Constitutional Amendment, made pivotal remarks regarding the legal status of Article 191A.
Justice Muhammad Ali Mazhar emphasized that Article 191A is a legitimate provision, which can only become part of the Constitution if it is deemed valid, and it cannot be overlooked.
The bench, led by Chief Justice Ameenuddin Khan, includes Justices Jamal Mandokhail, Ayesha Malik, Hassan Azhar Rizvi, Musarrat Hilali, Naeem Akhtar Afghan, and Shahid Bilal.
During the proceedings, Justice Muhammad Ali Mazhar pointed out, in reference to Aziz Bhindari, the counsel for the Sunni Ittehad Council, that the court needs to decide whether Article 191A holds validity. Justice Naeem Akhtar Afghan raised the question of who should have the authority to determine the correctness or incorrectness of the article.
Justice Ayesha Malik further questioned whether, in the absence of an advisory bench, the Supreme Court would stop hearing constitutional matters in the future, whether the formation of a full court would no longer be possible, and whether Article 191A would impact the creation of the Judicial Commission.
The hearing has been adjourned until November 10, allowing for further proceedings based on the bench’s availability.
