SC Practice and Procedure Act declared legal

ISLAMABAD: The Supreme Court of Pakistan has declared Practice and Procedure Act, 2023 legal, ARY News reported.

Chief Justice Qazi Faez Isa pronounced the short order, which was reserved earlier by a 15-member full-court bench after all respondents concluded their arguments.

The chief justice said that ten members of the full court bench out of 15 had declared the legislation passed by the Parliament with reference to the powers of the Chief Justice as correct.

The CJP said that the full court has declared the petitions filed against the Supreme Court Practice and Procedure Act, 2023 as inadmissible by majority opinion.

He said that Justice Ijaz-ul-Ahsan, Justice Munib Akhtar, Justice Syed Mazahar Ali Akbar Naqvi, Justice Shahid Waheed and Justice Ayesha A. Malik did not agree with the opinion of 10 judges of the Supreme Court.

The hearing is being broadcast live on state-run PTV, allowing the nation to witness the proceedings and the arguments presented by the lawyers.

The chief justice-led full bench comprises 15 judges – Justice Sardar Tariq Masood, Justice Ijazul Ahsan, Justice Syed Mansoor Ali Shah, Justice Munib Akhtar, Justice Yahya Afridi, Justice Aminuddin Khan, Justice Sayyed Mazahar Ali Akbar Naqvi, Justice Jamal Khan Mandokhel, Justice Muhammad Ali Mazhar, Justice Ayesha A. Malik, Justice Athar Minallah, Justice Syed Hasan Azhar Rizvi, Justice Shahid Waheed and Justice Musarrat Hilali is hearing the case.

Attorney General of Pakistan (AGP) Mansoor Usman Awan in presenting his arguments before the court as all the petitioners, including the political parties, have completed their arguments.

Opposing the petitions, the AGP said Article 191 of the Constitution of Pakistan, allows the Parliament to legislate. The SC (Practice and Procedure) Act is not meant to snub the independence of the judiciary.

No article can take back the right to legislate from the Parliament, he added.

“The fundamental rights enshrined in Articles 14, 20, 22 and 28 are exercised in accordance with the law,” Awan said, addressing judges of the apex court.

Chief Justice of Pakistan (CJP) Justice Qazi Faez Isa in his remarks said that Parliament has trust in the judiciary so as the judiciary.

He said attempts to create differences among the Judiciary and Parliament should not be made. Neither the Parliament nor the Supreme Court consider each other enemies, the chief justice said.

At the previous hearing, Chief Justice Isa observed that Parliament must not be hampered from doing something good merely because it lacks a two-thirds majority.

The law

The legislation limits the powers of the Chief Justice of Pakistan to take suo motu notice and to constitute benches on his own. It gives the power of taking suo motu notice to a three-member committee comprising the chief justice and two senior most judges of the court.

SC practice and Procedure Act also aims to have transparent proceedings in the apex court and includes the right to appeal.

The PDM government had on April 10 passed the bill in the joint session of parliament after President Arif Alvi had returned the bill.