The full court bench led by Chief Justice Qazi Faez is resumed hearing on a set of petitions against the Supreme Court Practices and Procedures bill today (Tuesday).
The proceedings of the case is being live-streamed on PTV after CJP Isa had won consensus of the full court. The first hearing of the case, after the new CJP took oath, was live-streamed for the first time in the judicial history of Pakistan.
The full court comprises CJP Isa, Justice Sardar Tariq Masood, Justice Ijazul Ahsan, Justice Syed Mansoor Ali Shah, Justice Munib Akhtar, Justice Yahya Afridi, Justice Aminuddin Khan, Justice Sayyed Mazahar Ali Akbar Naqvi, Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Ayesha A Malik, Justice Athar Minallah, Justice Syed Hasan Azhar Rizvi, Justice Shahid Waheed, and Justice Musarrat Hilali.
It is pertinent to mention that the government has submitted its reply in the case on September 18, requesting the court to declare petitions against the bill were not maintainable.
The written reply said that the parliament reserves the right to legislate under Article 191 and that the bill would not affect the freedom of the judiciary in any way.
What is the SC Practice and Procedure Bill
On March 30, the Senate passed the Supreme Court (Practice and Procedure) Bill 2023. The bill was aimed at clipping powers of the office of the CJP to take suo motu notice in an individual capacity and exercise discretion in forming benches.
While mentioning the constitution of benches, the bill stated that every cause, matter or appeal before the apex court would be heard and disposed of by a bench constituted by a committee comprising the CJP and the two senior-most judges, in order of seniority. The decisions of the committee would be taken by a majority, it added.
The bill said that any matter invoking the use of Article 184(3) of the Constitution would first be placed before the abovementioned committee.
“Without prejudice to the provisions of Article 199, the Supreme Court shall, if it considers that a question of public importance with reference to the enforcement of any of the Fundamental Rights conferred by Chapter I of Part II is involved have the power to make an order of the nature mentioned in the said Article,” states Article 184(3) that pertains to the Original Jurisdiction of Supreme Court.
“If the committee is of the view that a question of public importance with reference to enforcement of any of the fundamental rights conferred by Chapter I of Part II of the Constitution is involved, it shall constitute a bench comprising not less than three judges of the Supreme Court of Pakistan which may also include the members of the committee, for adjudication of the matter,” the bill read.
