A significant legal confrontation is brewing as former senator Mustafa Nawaz Khokhar on Thursday challenged the Supreme Court Registrar’s authority to dismiss his petition, escalating the demand for a full court to adjudicate on the controversial 26th Constitutional Amendment.

In a formal appeal, Mr. Khokhar, who serves as the Vice Chairman of Tehreek-e-Tahafuz-e-Aeen-e-Pakistan (TTAP), contested the registrar’s decision to return his initial filing. The returned plea had specifically requested that all cases challenging the amendment be heard by the entire roster of Supreme Court judges.

The new chamber appeal, submitted through Advocate Shahid Jameel Khan under Rule 3 of the Supreme Court Rules, names the registrar’s office as a respondent. It asserts that the registrar lacks the jurisdiction to decide on the maintainability of constitutional applications, a power it contends is reserved exclusively for the judiciary.

The filing maintains that even if a petition seems inconsistent with established laws or court regulations, the matter must be presented to the judges for a judicial determination rather than being rejected administratively.

Reinforcing his position in a public statement on X, Mr. Khokhar declared, ‘I have filed an appeal against the registrar’s order returning my petition. Once again, I am seeking justice. The majority decision of the Practice and Procedure Committee remains legally valid, and cases related to the 26th Amendment must be heard by a full court.’

The 26th Amendment, enacted on October 21, 2024, has been a point of major contention. It curtailed the Supreme Court’s suo motu powers and introduced a parliamentary committee to select the Chief Justice of Pakistan from the three most senior judges, ending the long-standing tradition of appointing by seniority alone.

Multiple legal challenges have been mounted against the amendment, with petitioners arguing it violates the basic structure of the Constitution and infringes upon fundamental rights.

Meanwhile, the Supreme Court has already formed an eight-member bench, headed by Justice Aminuddin Khan, to resume proceedings on these challenges starting October 7. The bench also includes Justices Jamal Khan Mandokhail, Muhammad Ali Mazhar, Ayesha A. Malik, Syed Hasan Azhar Rizvi, Musarrat Hilali, Naeem Akhtar Afghan, and Shahid Bilal Hassan.

Internal judicial disagreements on the matter have also surfaced. In October 2024, the Supreme Court’s Practice and Procedure Committee, including senior puisne judges Justice Syed Mansoor Ali Shah and Justice Munib Akhtar, recommended a full court hearing. However, Chief Justice Yahya Afridi, the committee’s chairman, opposed the proposal, considering it unnecessary.

The constitutional dispute continues to intensify as the scheduled hearing by the eight-member bench approaches, while petitioners like Khokhar press firmly for the inclusion of all available judges.