Hamid Khan demands full court hear pleas against 26th Amendment

ISLAMABAD: Pakistan Tehreek-e-Insaf (PTI) Senator and former president of the Supreme Court Bar Association (SCBA) Hamid Khan on Tuesday called for the formation of a full court to hear petitions challenging the 26th Constitutional Amendment.

He argued that a constitutional bench cannot adjudicate identical petitions.

Addressing a press conference at the Supreme Court, Hamid Khan he recalled that in 2015, a full court of comprising 17 judges, had heard the case concerning the 21st Constitutional Amendment.

He explained that a constitutional bench is a specialised bench of the Supreme Court but is not equivalent to a full court.

“A full court means all the judges of the Supreme Court sit together to hear a case,” he clarified, adding that under the Constitution, all benches of the Supreme Court must act within their constitutional mandate.

Hamid Khan stressed that the petitions challenging the 26th Constitutional Amendment should have been decided before forming the constitutional bench.

He said the constitutional bench, can only entertain cases filed under Articles 184(3) and 186 of the Constitution.

Accompanied by Salman Mansoor, the newly elected secretary of the SCBA, Hamid Khan acknowledged parliament’s authority to amend the Constitution, but argued that no amendment could contravene the basic structure of the Constitution.

He also pointed out that several constitutional amendments have been declared null and void in India, asserting that the 26th Constitutional Amendment is flawed and ineffective.

Touching on an internal conflict within the SCBA, Hamid Khan referred to a serious rift between SCBA President Mian Rauf Atta of the Independent Group and the Secretary from his (Professional) Group. He said that, according to SCBA rules, all administrative powers lie with the office of the secretary.