The Supreme Court, led by Chief Justice of Pakistan (CJP) Qazi Faez Isa, reconvened on Monday to consider petitions opposing the SC (Practice and Procedure) Act; the hearing is currently being broadcast live on PTV.
The bench, chaired by CJP Isa, consists of esteemed justices, including Justice Sardar Tariq Masood, Justice Ijazul Ahsan, and twelve others. Upon his appointment as chief justice, CJP Isa mandated the live-streaming of the hearing and implicitly annulled the April 13 suspension of the Act’s enforcement.
Key Points from Today’s Hearing
At the commencement of the hearing, Supreme Court Bar President Abid Zuberi asserted that the jurisdiction to draft rules on Practices and Procedures rests solely with the SC. Parliament holds no such authority, he emphasized. In a notable exchange, Justice Ijazul Ahsan questioned Zuberi about the reversibility of rules crafted by the SC using its constitutional powers. Zuberi responded affirmatively, denying Parliament’s right to legislate thereafter.
CJP Isa, while highlighting the importance of timely adjudication, urged, “If you think this is a never-ending hearing, this is the last day of the hearing.”
Revisiting Previous Deliberations
In the last hearing, CJP Isa raised concerns over the centralization of powers within the senior judges. “While CJP’s powers seem diminished, those same powers appear dispersed among senior judges,” he observed.
The session saw lawyers dissecting different aspects of the Act, from its potential intentions to its clauses. Justice Muneeb Akhtar labelled any legislation that oversteps its boundaries as a “fraud on the constitution”. Justice Athar Minallah, however, viewed the law as a safeguard ensuring access to justice.
Understanding the Controversial Law
The legislation in question restricts the CJP’s power to take suo motu notices and to form benches independently. Instead, it grants this power to a three-member committee, which includes the CJP and the court’s two senior-most judges. Additionally, the act promotes transparency in the Supreme Court proceedings and upholds the right to appeal.
It is noteworthy that the bill, returned once by President Arif Alvi, was passed on April 10 in a joint parliamentary session by the PDM government.
 Act. Live streaming of the hearing and key points are available for public viewing.){kind=link}