ISLAMABAD: The Supreme Court unanimously allowed the live streaming of proceedings of the petitions filed against the 26th Constitutional Amendment.
An eight-member SC Constitutional Bench, headed by Justice Aminuddin Khan, and comprising Justice Jamal Khan Mandokhel, Justice Muhammad Ali Mazhar, Justice Ayesha Malik, Justice Hassan Azhar Rizvi, Justice Musarat Hilali, Justice Naeem Akhtar Afghan, and Justice Shahid Bilal on Tuesday heard the petitions of Bar Council/ Association, former Chief Justice of Pakistan Jawad S Khawaja, and Chairperson Tehreek-i-Tahaffuz Ayeen-i-Pakistan Mustafa Nawaz Khokhar.
At the outset of the proceeding, a lawyer representing the Khyber Pakhtunkhwa government submitted that they did not have any objection regarding any of the members of the existing eight-judge Constitutional Bench, but wanted the Full Court to hear the pleas.
‘26th Amendment to stay until withdrawn by parliament’
Justice Amin, before the conclusion of the hearing, asked Hamid Khan that, being a senior counsel, he should regulate who would address the Court first, as there are so many petitioners before the bench. Hamid Khan said, “Things have to be managed. All of us are serving the public. We are all fulfilling our responsibilities. This is a big case; we will proceed on this in an orderly manner.”
Additional Attorney General Aamir Rehman, though, supported the live streaming, but said the decision for live-telecast of the Court proceeding should be decided on the administrative side and not through a judicial order.
Barrister Salahuddin Ahmed, representing Akhtar Mengal, argued that the Court proceedings must be accessible to the public at large. “It is not sufficient that justice be done, but it seems to be done,” he said, and maintained that the 26th Amendment was passed by the Parliament in haste without any public debate. Therefore, the judicial process should be publicly carried out, as this case directly affects the citizens of Pakistan.
He further contended that the apex court had previously allowed the live-telecast of many important cases, including the Supreme Court (Practice and Procedure), PTI election symbol, and the Sunni Ittehad Council’s case on reserved seats.
Justice Naeem asked, “So you want that though the proceedings taking place in broad daylight, they should also be live-streamed.” Salahuddin replied, “The Amendment was passed in the darkness of the night. That is why facts must be revealed to the public.”
Salahuddin submitted that this case is publicly and constitutionally the most important; therefore, its proceedings should be live streamed whether the Full Court or the present bench hears the matter, as it would enhance the public confidence in the judiciary.
Khawaja Ahmad Hosain, counsel ex-CJP Jawad S Khawaja, pleaded that the proceedings be broadcast live as the entire nation wants to see what is happening in the courtroom.
Advocate Shahbaz Khosa, who represented former president of the Supreme Court Bar Association; Abid Shahid Zuberi counsel of Balochistan Bar Council and Association; Faisal Siddiqui, lawyer of Karachi Bar Association and Islamabad High Court Bar Association, Hamid Khan, appearing on behalf of Lahore High Court Bar Association, and Shahid Karim, counsel of Mustafa Nawaz Khokhar supported the arguments of Salahuddin Ahmed on live streaming.
Justice Mandokhail stated, “We misuse everything. It is now everyone’s responsibility not to misuse live telecast proceedings, as it will expose all of us. If you (petitioners) get relief in this regard, then don’t misuse it,” he urged the lawyers.
Justice Mandokhail asked the counsels, “Don’t consider us (bench members) your rival.” He stated that judges decide the cases according to their understanding and conscience.
Shahid Karim informed the bench that his client had filed a petition that the decision of the Committee, set up under the Supreme Court Practice and Procedure Act 2023, is still intact. Thus, in the presence of that decision, this bench cannot hear this case, and it should be heard by the Full Court in the interest of justice. Justice Amin told him that this issue would be taken up during the hearing of this case.
The case is adjourned until today (Wednesday).
Copyright Business Recorder, 2025
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