Islamabad: In the case regarding the powers of benches, Justice Muhammad Ali Mazhar of the Supreme Court stated that the 26th amendments can only be revoked by a decision from either Parliament or the Supreme Court.
Justice Muhammad Ali Mazhar, a member of the Supreme Court's constitutional bench, issued a 20-page additional note concerning the case on the powers of benches.
Justice Mazhar said that the review of whether laws are constitutional or not can only be conducted by a constitutional bench, and no regular bench has the authority to interpret the constitution. He affirmed that the constitutional bench correctly annulled the order issued by the two-member bench.
The additional note stated that the 26th amendments are currently part of the Constitution, and everything in the amendments is clear like an open book. "We cannot turn a blind eye or deaf ear to these amendments," the note read.
Justice Ali Mazhar mentioned that while the amendments have been challenged and notices have been issued to the parties, a decision on sending the case to a full court will be based on the merits of the case.
According to the additional note, the 26th amendments can only be annulled by a decision from either Parliament or the Supreme Court. Until that happens, matters will continue under the provisions of these amendments.
Justice Ali Mazhar stated that constitutional interpretation can only be carried out by a constitutional bench comprising at least five members. A regular bench should not perform tasks that the current Constitution does not authorize it to do.
He further explained that the orders of the two-member bench in the tax case had been annulled, and all actions taken after those primary orders are now void.
It is important to note that the constitutional bench had annulled the orders issued by Justice Mansoor and Justice Aqeel Abbasi. However, Justice Muhammad Ali Mazhar, while agreeing with the constitutional bench's decision, issued his own note.
