Islamabad: Justice Jamal Mandokhail of Supreme Court (SC) has remarked had 26th constitutional amendment been not there the Yahya Afridi would not have become Chief Justice of Pakistan (CJP).

He gave these remarks during hearing of case related to 26th constitutional amendment here Monday.

8 member constitutional bench of SC under justice Amin ud Din took up for hearing petitions against 26th constitutional amendment.

During the hearing of the case justice Ayesha Malik remarked You want full court bench be formed as the matter relates to constitutional amendment.

Counsel Abid Zubari said collective wisdom of all judges will come on the matter through full court.

Justice Jamal Mandokhail questioned you should tell why full court of 17 judges. Why not of 24 judges.

During the hearing of the case Justice Jamal Mandokhail remarked why do you want full court comprising judges be constituted before 26th constitutional amendment.

Justice Ayesha Malik raised question what is your plea,

Counsel Abid Zubairi said how should the judges who were present before 26th constitutional amendment be heard.

Justice Jamal Mandokhail remarked if we are beneficiary of 26th constitutional amendment then can we sit in the bench. Had there been no 26th constitutional amendment then Yahya Afridi would not have become chief justice of Pakistan. Because time was fixed.

Justice Mandokhail said some judges will have to be removed for the full court of judges prior to 26th constitutional amendment. If judicial commission says that all the judges of Supreme Court are judges of constitutional bench then will it be acceptable.

Counsel Abid Zubairi said yes it will be acceptable to us.

The court adjourned hearing of the petitions against 26th constitutional amendment till tomorrow.