The Supreme Court has affirmed that decisions made by courts with proper authority remain valid and protected, even if later constitutional amendments or laws are deemed invalid. This ruling came from a seven-member constitutional bench led by Justice Aminud Din Khan, which recently imposed a fine of Rs20,000 on former Chief Justice of Pakistan, Jawwad S. Khawaja.

Khawaja had requested a delay in hearings regarding intra-court appeals related to the trial of civilians by military courts, pending a determination of the constitutional validity of the 26th Amendment. However, the court dismissed this request as unmeritorious and frivolous, resulting in the imposed fine.

In their five-page ruling issued on Thursday, the bench expressed astonishment at the arguments put forth by Khawaja’s counsel, stating they were without merit. The justices questioned whether the Supreme Court still existed in Pakistan, to which the lawyer conceded that it did, affirming they were indeed before the Supreme Court. The order noted that the current court operates according to the Constitution, including the amendments brought by the 26th Amendment.

The bench reviewed the case history and observed that out of the seven judges hearing the appeals, six had been part of an earlier regular bench since the 26th Amendment became effective on October 21, 2024. The court noted that the respondent side had been resisting the appeals even before this amendment. Interestingly, when the bench was formed under the Supreme Court (Practice and Procedure) Act, 2023, the applicant expressed contentment with this seven-member panel.