SC three-judge panel yet to list crucial cases

Body still hasn't scheduled matters related to minorities’ protection, enforced disappearances

ISLAMABAD:

A three-member committee of the apex court, constituted under the Supreme Court Practice and Procedure Act 2023, has yet to list crucial cases of public interest for hearing.

Chief Justice of Pakistan Qazi Faez Isa is the chairman of the committee whereas Justice Sardar Tariq Masood and Justice Ijazul Ahsan are its other members.

SC Registrar Jazeela Aslam is its secretary.

The committee was constituted under Section 2 of the Supreme Court (Practice and Procedure) Act for the formation of benches and scheduling of cases filed under Article 184(3) of the Constitution.

On October 11, the SC, by a majority of 10-5, sustained the Practice and Procedure Act as being in accordance with the Constitution.

Despite filing a couple of applications for early hearing, the committee has yet to form a bench for the constitutional petition filed by former Islamabad High Court judge Shaukat Aziz Siddiqui against his removal by the Supreme Judicial Council (SJC).

Earlier, a five-judge larger bench led by former CJP Umar Ata Bandial was hearing Siddiqui’s petition.
The matter could not be decided during the tenures of the last two CJPs.

The former coalition government had formed a three-judge inquiry commission to probe the authenticity of audio leaks and their impact on the independence of judiciary.

However, the formation of the commission was challenged by the then Supreme Court Bar Association (SCBA) president Abid Zuberi and others in the apex court.

A five-judge larger bench led by Bandial had stayed the commission's proceeding whereas the petitions against it are still pending.

The committee has also not scheduled a suo motu case over the killing of senior TV host Arshad Sharif.

The three-judge committee convenes a meeting every Thursday whereas the next huddle is stated to be significant.

It is likely to consider the formation of the larger bench to hear intra-court appeals against the verdict declaring the trial of civilians in military courts as unconstitutional.

Under the SC (Practice and Procedure) Act, an intra-court appeal should be scheduled within 14 days.

However, a detailed judgment in this connection is still awaited.

Despite the passage of more than a week, the Supreme Court registrar’s office has not allotted a number to the constitutional petition of SC’s Justice Sayyed Mazahar Ali Akbar Naqvi, who has challenged the SJC proceedings of misconduct against him.

The SJC has now issued a detailed show-cause notice to him.

Some lawyers believe that the constitutional petition will be taken up if Justice Naqvi amends it in view of the show-cause notice issued to him.

A precedent is set that whenever a serving judge files a petition, it is entertained for hearing.
The apex court has decided important constitutional matters during CJP Isa’s tenure, which has lasted for over two months.

A majority of judges rejected the constitutional petition challenging the SC (Practice and Procedure) Act whereas a larger bench gave a ruling against military courts.

A bench led by CJP Isa disposed of petitions filed in connection with the announcement of the date for the next general elections.

After the apex court’s intervention, the Election Commission of Pakistan (ECP), in consultation with President Dr Arif Alvi, announced February 8 as the date for the next general polls.

The committee has listed the petition against the deportation of Afghan citizens before a three-judge bench led by Justice Sardar Tariq Masood on December 1.

However, the committee has yet to schedule matters related to the protection of minorities and enforced disappearances.

Currently, one seat of a top court judge is still vacant.