ISLAMABAD
Supreme Court (SC) constitutional bench has adjourned till today (Wednesday) hearing of petitions against 26th constitutional amendment.
During the hearing of the case Justice Ayesha Malik remarked judges committee has powers to constitute benches but has no powers to constitute full court. The powers of committee cannot be called powers of chief justice powers. Both are different. We are talking about full court and not about benches.
8-member constitutional bench of SC presided over by Justice Amin ud Din Khan took up the petitions for hearing Tuesday.
Justice Jamal Mandokhail said on one side you say full court be constituted and on the other side you say only 16 judges should hear the case.
Justice Ayesha Malik remarked whether the right to appeal has to be given or otherwise, this now rests in the hands of judicial commission.
Justice Jamal Mandokhail said the right to appeal will not be there in 16-member bench. SC rules were framed in the presence of 24 judges.
Justice Ayesha Malik said rules were framed before all and my note is also therein .
Justice Jamal Mandokhail said all judges were asked to give opinion when Judges meeting was held. The matter about certain clauses was referred to committee. Justice Ayesha Malik inquired are you calling the record.
Justice Jamal Mandokhail said case will not move forward unless matter become clear. Attorney general said it is internal matter. It should not be discussed here.
Justice Amin ud Din said can chief justice constitute full bench which include all the judges of constitutional bench.,
The counsel Abid Zubairi said chief justice still have powers to constitute full court. The hearing of the case was adjourned till today.
