Public interest cases take a back seat

Supreme Court prioritizes Practice Act review

ISLAMABAD:

The Supreme Court will not hear high-profile public interest cases until its full court decides on the petitions challenging the Supreme Court (Practice and Procedure) Act, 2023. This law aims to streamline the powers of the Chief Justice of Pakistan (CJP) to take suo motu notice and form benches.

The full court will resume hearing the constitutional petitions against the SC (Practice and Procedure) Act, 2023 next Monday, and it is expected that the proceedings will conclude on the same day.

Sources indicate that in its October 3 order, the full court noted that cases falling under the purview of Article 184 (3) of the Constitution are not being listed due to the pendency of this matter.

Under Article 184 (3) of the Constitution, the Supreme Court of Pakistan can take action on its own or upon the application of any person if it believes that any of the rights mentioned in the Fundamental Rights Chapter of the Constitution have been violated and such rights involve public interest.

CJP Qazi Faez Isa and SC's Senior Puisne Judge Sardar Tariq Masood had an informal meeting with members of the Press Association of the Supreme Court to discuss improvements in court reporting on Thursday. During this interaction, Justice Isa revealed that public interest cases will not be listed until a decision is reached on the SC (Practice and Procedure) Act, 2023.

Currently, two significant public interest cases are pending—one regarding the holding of general elections within 90 days and the other concerning the trial of May 9 rioters in military courts.

In response to a question about appointing judges to two vacant positions in the Supreme Court, Justice Isa mentioned that he has already written a letter to all members of the Judicial Commission of Pakistan (JCP) seeking suggestions for improving the commission's functioning.

The JCP is a constitutional forum with a crucial role in the appointment of judges to the superior judiciary.

Justice Isa's response suggests that criteria for appointing judges will be developed first, as has been demanded by superior bars.

During the discussion, it was revealed that a case management policy is being formulated by a two-member committee consisting of Justice Syed Mansoor Ali Shah and Justice Munib Akhtar.

The interim report of the committee has been shared with SC judges for their recommendations, and the final report is expected to be submitted by October 10.

These recommendations will be discussed and approved during a full-court meeting, and cases will be listed in the future in accordance with this case management policy.

Currently, CJP Isa has instructed the SC registrar to prioritize listing cases of an urgent nature, such as tax matters and bail applications.
Journalists were informed that a two-member committee comprising Justice Muhammad Ali Mazhar and Justice Athar Minallah is working on a policy regarding the live broadcast of SC proceedings. The SC is considering installing its own system to enable live broadcasts.

CJP Isa also hinted at listing a presidential reference that seeks to revisit the apex court’s judgment in the Zulfikar Ali Bhutto case for hearing during his term.

Unlike the past, harmony is being observed among the SC judges. A senior lawyer commented that nobody objects to differences of opinion among SC judges on constitutional issues, but the politics among judges that has been witnessed in the last six years should come to an end.