ISLAMABAD: A 10-member constitutional bench of the Supreme Court on Friday heard arguments on a review petition challenging its earlier verdict on reserved parliamentary seats, in proceedings marked by tense exchanges between judges and lawyers. The exchanges between the bench and lawyer Hamid Khan escalated with Justice Hashim Kakar resorting to draw parallels between SC and D-Chowk which is notorious for commotion.
Bench Composition Challenged
The hearing began with objections to the bench’s formation, as lawyer Hamid Khan argued that a 10-member bench couldn’t review a decision previously made by a 13-member bench. Justice Jamal Khan Mandokhail retorted: “We must follow rules and law. Either assist the court or remain seated.”
The bench ultimately rejected objections to its composition, with Justice Mandokhail noting that while the Supreme Court has 15 constitutional judges, two were unavailable as they had authored the Peshawar High Court judgment under review.
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Tempers flare in courtroom
Proceedings grew heated as Justice Mandokhail cautioned Khan: “Respect begets respect. Your standing today is because of this court.” The judge added pointedly: “I’m not so weak as to recuse myself because of your objections.”
Khan, appearing agitated, shot back: “If you’re angry, don’t hear the case.“ This prompted Justice Aminuddin to intervene: “We’ve rejected your objection, now stick to legal arguments.”
Debate over 26th Amendment
The discussion turned to constitutional provisions, with Khan citing Article 191-A of the 26th Amendment regarding bench formation. Justice Mandokhail questioned how Khan could rely on an amendment he had previously opposed, to which the lawyer responded: “That’s precisely why I said the amendment should have been decided first.”
Matters escalated when Justice Hashim Kakar took exception to Khan’s previous day’s remarks about “sitting judges,” sternly stating: “Who gave you the right to level allegations against sitting judges? You turned the Supreme Court into D-Chowk yesterday.”
Despite the friction, Justice Kokhar acknowledged: “We hold you in high esteem,” while warning that respect was a two-way street.
Proceedings Continue
The bench ultimately gave Khan 10 minutes to present substantive arguments, with Justice Mandokhail advising: “If you don’t like this system, quit law practice to which Khan responded emotionally: “My heart says to quit, but while I live, I must do something.”
The case continues, with the court expected to deliberate on whether a smaller bench can review its larger bench’s decisions – a question that could have lasting implications for judicial procedure.