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Home National Justice Amin-ud-Din Defends 26th Constitutional Amendment in Supreme Court Hearing

Justice Amin-ud-Din Defends 26th Constitutional Amendment in Supreme Court Hearing

by Islamabad Today
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ISLAMABAD:Head of the Supreme Court’s Constitutional Bench, **Justice Amin-ud-Din Khan**, on Monday expressed firm support for the **26th Constitutional Amendment**, dismissing claims that it was controversial.

While presiding over an **eight-member bench** hearing multiple petitions challenging the amendment passed by Parliament in October last year, Justice Amin remarked, *“Don’t say that the 26th [Constitutional] Amendment is controversial.

The bench comprised **Justices Jamal Khan Mandokhail, Ayesha A. Malik, Syed Hassan Azhar Rizvi, Musarat Hilali, Naeem Akhtar Afghan, Shahid Bilal Hassan**, and others.

Around **three dozen petitions**—filed by political parties including the **PTI, Jamaat-e-Islami (JI), Sunni Ittehad Council (SIC)**, several **bar associations**, and former presidents of the **Supreme Court Bar Association (SCBA)**—questioned the amendment’s legality.

During the hearing, senior lawyer **Akram Sheikh** appeared in his personal capacity and urged the formation of a **24-member full court** to hear the matter. He argued that the “26th Amendment has shaken the foundation of the Constitution” and hoped the court would have the “courage to declare it null and void.”

Justice Mandokhail, however, countered by asking whether the amendment should be treated as part of the Constitution or removed from it. Justice Amin observed that Sheikh had not presented a solid legal argument, advising him to approach the **Chief Justice** if he believed the current bench lacked competence.

Justice Mandokhail further clarified that Supreme Court judges serve in two capacities — as general judges and as members of a constitutional bench.

Petitioner **Shabbar Raza Rizvi** later argued that the **Practice and Procedure Committee** could form a full court, insisting that the case should be heard by the **entire Supreme Court**, not a selected bench.

After hearing the arguments, the court **adjourned proceedings until Wednesday at 11:30 a.m.**

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