ISLAMABAD: The Constitution Bench of the Supreme Court was told that there is a disconnect between the Supreme Court Rules, 1980, and Section 2 (a) of the Supreme Court (Practice and Procedure) Act, 2023 and Article 191A of the Constitution.
An 11-member Constitutional Bench of the Supreme Court, headed by Justice Aminuddin Khan, on Wednesday, heard the review petitions of Pakistan Muslim League-Nawaz (PML-N), Pakistan Peoples’ Party (PPP) and the Election Commission of Pakistan (ECP).
Makhdoom Ali Khan, representing some MNAs, who were elected on reserved seats, but due to Supreme Court’s order removed, said till the time new rules are framed the judges have to follow the Supreme Court Rules, 1980. However, he told the bench that there is disconnect between the Supreme Court Rules, 1980, and Section 2(a) of the Supreme Court (Practice and Procedure) Act, 2023 and Article 191A of the Constitution.
It would be considered that the review petitions are being heard by a 13-member bench, though on the first day of hearing after preliminary arguments the two judges had dismissed the petitions and opted not to sit in the bench, adding the Court order was signed by all the 13 judges.
He contended that on May 6 when the case was heard no objection was raised by any lawyer on the constitution of the bench. All the 13 members of the bench heard the case, and 11 judges issued notices to the respondents, while two judges declined.
Makhdoom said the review petitions have been filed against the majority (eight judges) judgment, but the Court order was signed by all the 13 members. He said suppose tomorrow five more judges take a stance that the petitions are non-maintainable then votes of two judges will be counted and included with five judges’ decision, and the Court order would by 7 to 6, but will be signed by all the 13 judges.
Justice Mazhar said it was argued by the respondent’s counsel that though the two judges have dismissed the review petitions, they should not be excluded from the bench. Makhdoom said if the request of the other side is accepted it will be contrary to the law laid down in the judgments of Islamabad High Court Bar Association and the Panama cases.
He said the two judges have decided the merit of the case; therefore, now what they will say as already explicitly have expressed their opinion, adding there is no provision of second review. “My task is to persuade the remaining judges and not two who have recused themselves,” he said.
Justice Amin again said that they have not excluded them, but as per their wish the bench was reconstituted.
Earlier, Hamid Khan, representing Sunni Ittehad Council (SIC), argued on live-streaming of the proceeding of review petitions, saying the original case was live-telecast on all TV channels, and the entire nation benefited from it.
Justice Mazhar stated that the proceedings were shown live as a pilot project, as at that time Full Court in administrative side had given its approval. He said after the 26th Amendment condition has been imposed in Article 191A for framing of rules, adding unless the draft rules are approved by the Full Court, this cannot happen.
Hamid Khan then argued that till the decision on petitions against 26th Amendment, the reserved seats should be adjourned. The case is adjourned until today (Thursday).
Copyright Business Recorder, 2025
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