SC Practice and Procedure Act: CJP says Parliament trusts judiciary
- By Web Desk -
- Oct 11, 2023
The Supreme Court of Pakistan on Wednesday resumed the hearing of petitions challenging the SC (Practice and Procedure) Act, ARY News reported.
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.
The hearing is being broadcast live on state-run PTV, allowing the nation to witness the proceedings and the arguments presented by the lawyers.
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.
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“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.