Televised full court

SC under CJP Qazi Faez Isa turned a new leaf in proactivity as it made its proceedings live on the national hook-up

The Supreme Court under Chief Justice Qazi Faez Isa turned a new leaf in proactivity yesterday as it made its proceedings live on the national hook-up. The convening of a full court to hear petitions challenging the Supreme Court (Practices and Procedures) Act 2023 — which mainly pertains to the suo motu powers conferred under Article 184(3) of the Constitution in the office of the top judge — marked the new charter of the chief justice, as he looks up to a lawful writ of the judiciary while addressing lacunas in the legislation passed by the parliament, as well as acts of the executive in their rightful domain. It is a great beginning and heralds the hope of more meaningful diatribes under the canons of the constitution as the country and the court puts to rest an era of misgivings, compromises and shady spots under the law of necessity.

The 15-member full court reflected seriousness of business, and the learned judges were apt in enthralling their positions on the piece of law under scrutiny. The federal government reiterated its position that petitions challenging the law were inadmissible. But the court was apparently cognizant of its stature and allowed a thorough argumentative discourse. The honourable chief justice more than once stated that upholding the spirit of the constitution, and the right of judicial review by the superior judiciary cannot be undermined under any circumstances. Likewise, some of the judges were supportive of the role legislated by the parliament to confer powers to appeal against appellate court judgments, and to regulate the suo motu proceedings under a three-member senior bench.

It was a great mix of balancing the powers among the organs of the state, as the full court kept on revisiting Article 191 that enables the Supreme Court to make rules regulating the practice and procedure of the Court, and check any intrusion by the parliament into the affairs of the superior courts. With a landmark decision in the wings, it is a great consolation that the judiciary has reassured itself of a promising role in the public domain.

Published in The Express Tribune, September 19^th, 2023.

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