SC justice issues note on powers of the benches case

ISLAMABAD: Supreme Court Justice Muhammad Ali Mazhar has issued a 20-page note on the power of the benches case, saying that only a constitutional bench can review the constitutionality of laws. He said in the note that no regular bench has the power to interpret the constitution.

On the issue of the case being withdrawn from the regular bench, under Justice Mansoor Ali Shah, the note said that the constitutional bench correctly withdrew the orders of the two-member bench.

“The 26th Amendment is currently part of the constitution,” Justice Mazhar noted, adding, “Everything in the amendment is clear like an open book. We cannot close our eyes and ears on this amendment.”

He added, “It is true that the amendment has been challenged and notices have also been issued to the parties. The request to send the case to the full court will be decided on the merits. Only the Parliament or the Supreme Court can overturn the decision on the 26th Amendment.”

Justice Mazhar’s note said that under the parliament overturns the amendment decision, the judicial matters will proceed under this amendment. He added that constitutional interpretation can only be done by a five-member constitutional bench. “No regular bench should do what the current constitution does not authorise it to do.”

The note mentioned that the two-member bench has withdrawn the basic orders in the tax case, which means that all the proceedings after the basic orders are worthless.

“The constitutional bench had withdrawn the orders of Justice Mansoor and Justice Aqeel Abbasi,” Justice Mazhar’s note said, adding that he agrees with the decision of the constitutional bench.