Pakistan

Full court to hear petitions against law clipping CJP's powers

CJP Isa to preside over 15-member bench resuming hearing tomorrow

Hasnaat Malik September 17, 2023

Supreme Court, Lahore Registry Building- Picture taken from SC website.

ISLAMABAD:

The top court will take up petitions challenging Supreme Court (Practice and Procedure) Act 2023 on Monday with the case being heard before a full court headed by Chief Justice of Pakistan (CJP) Qazi Faez Isa.

As one SC judge is due to leave the country on Monday (tomorrow) night for a official trip abroad, a 15-member bench will be resuming proceedings, which were earlier adjourned indefinitely.

In April 2023, an eight-member bench led by then CJP Umar Ata Bandial had suspended the effects of the legislation, which regulates the discretionary powers of the CJP's office to take suo moto notice through a committee of three senior-most judges including himself.

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Since the enactment of the SC (Practice and Procedure) Act 2023, Justice Isa had avoided being part of a bench to hear cases.

The outgoing government PDM had enacted the Supreme Court (Practice and Procedure) Act, 2023 with a aim of clipping the chief justice’s powers to form benches and fix any case before him.

That same month an eight-member bench had suspended the bill’s implementation after a set of three petitions were filed challenging it.

The 2023 law, serves multiple purposes, including the delegation of suo motu notice-taking authority to a three-member committee composed of senior judges, including the chief justice. The bill aims to ensure transparent proceedings within the apex court and safeguard the right to appeal.

It outlines the constitution of benches, specifying that a committee consisting of the chief justice and the two most senior judges will be responsible for constituting benches to handle cases, and decisions will be reached by majority vote.

Regarding cases invoking the apex court's original jurisdiction under Article 184(3), the legislation stipulates that they must first be presented to the aforementioned committee for consideration.

Moreover, it grants the committee the authority to form a bench comprising at least three judges from the apex court, which may include members of the committee itself, to adjudicate on matters of significant public importance relating to the enforcement of fundamental rights.