President rushes SC ordinance through

CJP gains power to pick judge of choice, Justice Amin replaces Justice Munib on SC panel, SC hearings to be record

ISLAMABAD:

President Asif Ali Zardari promulgated, on Friday, the Supreme Court (Practice and Procedure) Amendment Ordinance, 2024, allowing the Chief Justice of Pakistan (CJP) Justice Qazi Faez Isa to pick a judge of his choice in the committee formed to regulate the affairs of the apex court.

Soon after the president signed the ordinance, the CJP exercised his powers by nominating Justice Aminuddin Khan as the third member of the committee, which was envisaged in the 2023 act to constitute benches and allow taking suo motu notice, among other practices and procedures of the SC.

Just hours later, after Federal Minister for Information and Broadcasting Attaullah Tarar confirmed that the president had issued the ordinance, an office order issued by the top court revealed that the committee now comprises the CJP, senior puisne judge Justice Syed Mansoor Ali Shah, and Justice Khan.

"It was deemed to amend the practice and procedure act," the information minister said. "The president has signed the ordinance." Following the decision, Justice Khan has replaced Justice Munib Akhtar in the committee.

Before being promulgated, the federal cabinet had hurriedly-approved the ordinance through circulation. Later on, the information minister not only confirmed the development, but shared the details about the ordinance and changes made in it.

The government's spokesperson said that the power of choosing the third member has been given to the CJP as cases were delayed due to non-availability of the third member, adding the review appeal related to Article 63-A is still pending. Tarar said that a decision should have already come regarding the matter by now.

The PML-N-led ruling coalition intends to modify Article 63 to address the voting process of dissenting members. Recently, when the treasury benches tried to amend the constitution, Tarar had said that no one should have the right to rewrite the Constitution, saying it was the prerogative of the parliament alone.

This is significant for the government as Article 63-A outlined the process to disqualify a lawmaker who votes against the party line in the assembly during the election of the prime minister or chief minister, vote of confidence or no-confidence and budget.

In May 2022, a five-member bench of the Supreme Court, while deciding the presidential reference for the interpretation of the article, said votes of defecting lawmakers will not be counted.

The decision was instrumental in packing up the transient Hamza Shahbaz-led government in Punjab which was formed with the support of 25 dissident PTI lawmakers who voted in favour of the PMLN leader.

Meanwhile, amid controversy over the constitutional amendment bill, parliament and judiciary's face-off over reserved seats' issue and other key political happenings, sources said Deputy Prime Minister Ishaq Dar cancelled his visit to the United States at the last moment to look after the engagements of Prime Minister Shehbaz Sharif during his trip to Washington.

Dar was scheduled to leave for US on Friday night to attend the high-level segment of the 79th session of the UN General Assembly (UNGA) in New York from September 23 to 27.

Keeping in view the unfolding political situation, sources added it has now been decided that Dar will stay in Pakistan.

Through an amendment in Section 2 of the practice and procedure act, the previous composition of the committee - the CJP and two next most senior judges in order of seniority - has been substituted.

The new one states: "Every cause, appeal or matter before the Supreme Court shall be heard and disposed of by a Bench constituted by the committee comprising the Chief Justice of Pakistan, the next senior Judge of the Supreme Court and a Judge of the Supreme Court nominate by the Chief Justice of Pakistan, from time to time."

The amendment of Section 3 states that a bench hearing a matter under Clause (3) of Article 184 of the Constitution shall, before proceeding with the matter on merits, decide and identify through a reasoned and speaking order the question of public importance involved in the matter and the fundamental right which is sought to be enforced.

Also, two new sections 7A and 7B have been inserted through the ordinance. Section 7A (Hearing ect) states: "Unless a transparent criteria is already mentioned or the applicable law requires a decision within a stipulated time, every cause, matter or appeal in the Supreme Court shall be heard at its turn based on first in, first out, that is to say, the cases filed first shall be heard first." It adds: "Any Bench hearing a case out of its turn shall record its reasons for doing so."

Section 7B (Recording and transcript of proceedings) says that the hearing of every cause, matter or appeal in the Supreme Court shall be recorded and transcript thereof duly prepared. "Such recordings and transcripts shall be made available to the Public through a certified copy against a payment of Rs50 per page," it said.