Benches Will Be Formed According to the Constitution, Not Personal Wishes: Supreme Court Judge

ISLAMABAD: During the hearing of a petition challenging the **26th Constitutional Amendment**, Supreme Court Justice **Jamal Khan Mandokhail** remarked that judicial benches will be constituted in accordance with the **Constitution and the law**, not based on personal preferences or desires.

An **eight-member larger bench**, headed by **Justice Aminuddin Khan**, heard the case. During the proceedings, the petitioner’s counsel, **Uzair Bhandari**, argued that either the **previous 16-member full court** should be reconstituted or a **full court comprising all 24 judges** of the Supreme Court should be formed to hear the case.

Justice **Muhammad Ali Mazhar** questioned whether the **committee formed on October 31, 2024**, had the authority to make such a decision and whether it acted within the bounds of the Constitution and law.

Justice **Aminuddin Khan** asked how such an order could be passed without suspending **Article 191-A**, while Justice **Musarrat Hilali** inquired whether a constitutional bench has the power to form another bench through a judicial order.

Justice **Naeem Akhtar Afghan** questioned why the petitioners lacked confidence in the current constitutional bench. The petitioner’s lawyer responded that the amendment provides **no mechanism** allowing the Judicial Commission to “pick and choose” judges for nomination.

Justice **Ayesha Malik** observed that if only judges nominated under Article 191-A were allowed to hear constitutional cases, it would effectively transfer the Supreme Court’s authority to the Judicial Commission. “If a judge is not nominated for a constitutional bench, does that mean no case can be heard in the Supreme Court?” she asked.

The court adjourned the hearing until **November 10**, stating that the proceedings would continue subject to bench availability.