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Supreme Court Reviews Bench Formation in Reserved Seats Case, Heated Debate on Constitutional Jurisdiction
Justice Aminuddin says a smaller bench can hear the reserved seats case; lawyer Faisal Siddiqui challenges the 11-member bench on constitutional grounds.
ND
by News Desk
2025-05-19
Supreme Court Reviews Bench Formation in Reserved Seats Case, Heated Debate on Constitutional Jurisdiction

During Monday’s Supreme Court hearing on the reserved seats review case, sharp legal arguments unfolded over the legitimacy and structure of the current bench. Justice Aminuddin Khan, heading the 11-member larger bench, remarked that after the 26th Constitutional Amendment, a smaller bench could also hear a review case—even if the original decision was issued by a larger bench.

Prominent lawyers Hamid Khan and Faisal Siddiqui appeared before the court. At the outset, Hamid Khan stated he had filed multiple petitions, to which Justice Aminuddin responded that no such petitions had yet been received and advised him to consult his advocate-on-record.

Challenge to Bench Formation

Faisal Siddiqui, presenting three separate petitions, raised a constitutional objection to the formation of the current 11-member bench. He emphasized that a review petition must be heard by a bench equal to or larger than the one which originally delivered the verdict—in this case, a 13-member bench.

Justice Aminuddin responded that two judges had recused themselves voluntarily, implying that the current bench was properly constituted in their absence. Justice Musarrat Hilali added that those judges had already dismissed the petitions and opted not to be part of the review process. Justice Muhammad Ali Mazhar remarked, “What will those judges do now after giving their decision?”

Faisal Siddiqui Defends Objection

Faisal Siddiqui clarified that his objection was not personal but based on constitutional grounds. “This is not about my client. It is about defining the court’s review jurisdiction,” he stated. He suggested referring the matter to the Judicial Commission so that two more judges could be added to reconstitute the full 13-member bench.

In response, Justice Mazhar pointed out a practical dilemma: “If two judges are added and then choose to recuse themselves again, what happens to the process? This 11-member bench was formed with their consent.”

Siddiqui insisted that if those two judges rejoin the bench, they can legally review their earlier decisions, as allowed under the law.

Constitutional Arguments and Adjournment

A deep legal debate ensued over Articles of the Constitution related to the formation and jurisdiction of constitutional benches. Justice Aminuddin asked Siddiqui how much more time he required, to which Siddiqui responded, “Even if it takes another day, I will argue. This matter needs clarity for the sake of judicial consistency.”

Justice Muhammad Ali Mazhar pressed for a solution, saying objections alone aren’t enough. “Tell us what can practically be done under the Constitution,” he said.

The hearing was later adjourned till 11:30 a.m. tomorrow for further arguments.

 
Tagged:

PakistanPolitics

ReservedSeats

SupremeCourt

ConstitutionalLaw
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