SC disposes of 257 cases in a week

CJP Qazi Faez Isa, other judges remain committed to accelerate disposal of cases and diminish the backlog

ISLAMABAD:

The Supreme Court has disposed of 257 cases (excluding CMAs) from September 25 to September 30 and instituted 204 new cases during this period.
In a statement on Saturday, the apex court noted that Chief Justice of Pakistan (CJP) Qazi Faez Isa and other judges of the top court remained committed to accelerate disposal of cases and diminish the backlog.

It further stated that the judiciary remained committed to provide relief to the litigants.

As Justice Qazi Faez Isa took as the chief justice of Pakistan (CJP), several challenges await him as it will be closely watched how he navigates issues such as holding general elections within 90 days, trials of civilians in military courts under the Army Act, and political parties' concerns about civil liberties.
He was sworn in as the 29th chief justice on September 17.

One of the major tasks is the hearing of a set of review petitions, challenging the top court’s verdict on Faizabad sit-in authored by CJP Isa on February 6, 2019.

The judgment had directed the country's intelligence agencies, including the ISI, IB, MI, and the army's media wing, the ISPR, not to exceed their constitutional mandate.The judgment specifically addressed the role of intelligence agencies during a 20-day sit-in organised by the TLP at the intersection of Rawalpindi and Islamabad in November 2017.

The TLP had initiated the protest in response to alleged changes made in lawmakers’ oath regarding the finality of prophethood, through the Elections Bill 2017. The protesters demanded the resignation of the then-law minister, Zahid Hamid.

Lately, the Ministry of Defence, PTI and the ECP submitted applications to withdraw their pleas. Similar applications had previously been filed by the IB and the Pemra.

The top judge expressed his curiosity about the withdrawal of the review petitions, suggesting that there might have been an order to file them.
Meanwhile, CJP Isa achieved a great deal as he took oath of the office – so much so that even his predecessor Justice Umar Ata Bandial could not accomplish during his entire tenure.

The top judge summoned a full court meeting and formed a full court on the very first day of this tenure.

Similarly, a full court was constituted to hear the petitions challenging the Supreme Court (Practice and Procedure) Act, 2023. CJP Isa also created the history by placing the suggestion in the full court about the live streaming of its proceedings. Perhaps CJP Isa is the first institution head, who himself offered to devolve his discretionary powers.

On CJP Isa's desire, it was decided that he would form benches in consultation with the two senior-most SC judges.

During the full court hearing, CJP Isa openly criticised the “misuse” of public interest jurisdiction under Article 184 (3) of the Constitution.

The most interesting part is that while heading the full court, Justice Isa questioned former CJP Iftikhar Muhammad Chaudhry's judgment in the Reko Diq case, wherein the country faced a $6.5 billion penalty.

The top judge along with senior puisne judge Justice Sardar Tariq Masood also held a meeting with the representatives of the Pakistan Bar Council (PBC) and Supreme Court Bar Association (SCBA) to discuss the apex court’s disposal rate.

After consulting with both the lawyers’ bodies, CJP Isa decided to issue a monthly proposed cause list. It has been learnt that CJP Isa had decided to implement the case management policy proposed by Justice Syed Mansoor Ali Shah and Justice Munib Akhtar.

Last week, the top judge also held a meeting with all senior law officers to seek suggestions for improving the efficiency and working of the Supreme Court.

CJP Isa has appointed first female apex court registrar. Lawyers are also appreciating him for timely confirmation about their filing and adjournment of applications in the apex court.