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Pakistan Supreme Court Adjourns 26th Amendment Case as Bench Splits Over Full‑Court Authority

Proceedings move to October 20 following unresolved questions over bench-formation powers.

Overview

  • An eight-judge constitutional bench is hearing dozens of petitions against the 26th Amendment, with the immediate dispute centered on whether Article 191-A limits the case to constitutional benches and who can expand the panel.
  • Petitioners led by senior counsel Abid Shahid Zuberi asked for a 16-judge full court of pre‑amendment judges and argued the chief justice still has authority to convene it.
  • Several justices, including Muhammad Ali Mazhar and Jamal Khan Mandokhail, questioned that claim, citing Article 191‑A and the 2025 Supreme Court Rules, while Mazhar maintained the constitutional bench can hear the case and could draw judges from across constitutional benches if needed.
  • On appeals, Justice Mandokhail warned no intra‑court appeal would lie if 16 judges hear the case, whereas Justice Ayesha Malik noted the Judicial Commission of Pakistan could nominate additional judges to facilitate an appeal.
  • Hearings grew tense over conflicting accounts of how the 2025 court rules were adopted and brief livestream interruptions, leading the bench to seek records and then adjourn to October 20.