Islamabad, October 8, 2025:
In a landmark decision, an eight-judge Constitutional Bench (CB) of the Supreme Court of Pakistan (SC) has approved requests to live stream proceedings on petitions challenging the 26th Constitutional Amendment — a move hailed as a major step toward transparency and public access to justice.
The amendment, passed by Parliament in October 2024, has stirred intense political and legal debate. It curtailed the Supreme Court’s suo motu powers, set the Chief Justice of Pakistan’s tenure to three years, and granted the Prime Minister the authority to appoint the next CJP from among the three senior-most judges. These changes have raised serious questions about the independence of the judiciary and the separation of powers.
Courtroom Highlights: Debate on Transparency and Judicial Authority
The bench, headed by Justice Aminuddin Khan and comprising Justices Jamal Khan Mandokhail, Muhammad Ali Mazhar, Ayesha Malik, Syed Hasan Azhar Rizvi, Musarrat Hilali, Naeem Akhtar Afghan, and Shahid Bilal Hassan, resumed the high-profile hearing earlier today.
During the session, three key issues dominated discussions:
- The formation of a full court to hear the pleas
- Objections to the Constitutional Bench itself
- And the live streaming of proceedings
Lawyer Khawaja Ahmad Hassan emphasized that live-streaming was crucial for maintaining public trust, stating that the people of Pakistan deserve to see how decisions affecting judicial independence are debated in court.
Justice Aminuddin Khan, however, remarked that bench-related matters concern the court’s internal proceedings but assured that the case would be handled “in an orderly and transparent manner.”
Arguments in Court: Calls for a Full Court Hearing
Prominent lawyer Barrister Salahuddin Ahmed argued that the 26th Amendment was passed “in the darkness of the night,” with no public debate or transparency. He reminded the bench that the Zulfikar Ali Bhutto case and the Supreme Court (Practice and Procedure) Act hearings were also live-streamed in the past — setting precedents for open justice.
Justice Afghan humorously responded, “So you want that apart from the proceedings taking place in broad daylight, they should also be live-streamed?”
Barrister Ahmed replied that the move was essential to “reveal facts to the public” and restore faith in the system.
Petitions Challenge the Amendment’s Constitutionality
Petitioners, including bar associations and opposition leaders, have urged the Supreme Court to strike down the 26th Amendment, claiming it undermines judicial autonomy and violates Article 239 of the Constitution. They argue that the amendment was passed without the free consent of the required two-thirds majority in both Houses of Parliament.
They also challenge provisions that allow the Prime Minister to influence judicial appointments, calling them unconstitutional attempts to weaken the judiciary’s independence.
What’s Next: Live Streaming to Begin
After extensive arguments, the Supreme Court approved the requests for live streaming of the proceedings — marking a historic first for such a sensitive constitutional case. The hearing will resume tomorrow (Wednesday) at 11:30 a.m., with the nation’s eyes on the live broadcast.
This decision has been widely covered by major Pakistani media outlets:
- Dawn News: Supreme Court Approves Live Streaming of 26th Amendment Case
- Geo News: 26th Amendment Case to Be Streamed Live, Rules SC
- ARY News: Supreme Court Moves Toward Transparency with Live Streaming Decision
- Express Tribune: SC to Live Stream 26th Amendment Hearing
Conclusion
The Supreme Court’s move to live stream the 26th Amendment case marks a defining moment in Pakistan’s judicial history. As the nation awaits tomorrow’s session, this case could shape the future of judicial independence, executive power, and public accountability in Pakistan.
