Following President Asif Ali Zardari’s approval of the Supreme Court (Practice and Procedure) Amendment Ordinance 2024, Chief Justice of Pakistan (CJP) Qazi Faez Isa utilized his amended powers to appoint Justice Amin-Ud-Din Khan to the apex court’s three-member judges committee, replacing Justice Munib Akhtar.
Under the newly amended law, the Chief Justice gains expanded powers to nominate judges to committees should a member be absent. The ordinance also empowers the CJP to assign cases. In alignment with these changes, the Supreme Court’s registrar’s office issued a notification confirming Justice Mansoor Ali Shah’s position as the senior puisne judge on the committee.
Sources indicate that a session of the judges’ committee is expected on Monday. The ordinance further amends Section 3 of the Act.
What is the Supreme Court (Practice and Procedure) Act 2023?
The Supreme Court (Practice and Procedure) Act 2023 was passed by the Pakistan Democratic Movement (PDM) during its last days in government to moderate the chief justice’s powers. However, the law faced hurdles when an eight-member bench, led by then-CJP Umar Ata Bandial, stayed its enactment on April 13, 2023, before it could take effect on April 21, 2023.
Read: Pakistan Amends Supreme Court Procedures, Limits Chief Justice’s Powers
The legislation enables a three-member committee, including the chief justice and senior judges, to take suo motu notices. It seeks to ensure transparency in the apex court’s proceedings and includes a right to appeal.
Concerning bench formation, the law mandates that a committee consisting of the CJP and the two senior judges will handle every cause, matter, or appeal. A majority vote makes decisions by the committee.
Regarding the apex court’s original jurisdiction, the committee initially reviews any matter involving Article 184(3). The committee will form a bench comprising at least five Supreme Court judges for cases requiring constitutional interpretation.
Read: Pakistan’s Cabinet Approves Supreme Court Amendment Ordinance 2024
The Act stipulates that appeals against any verdict issued under Article 184(3)’s jurisdiction must be filed within 30 days and heard within 14 days by a larger bench.
The Act also permits parties to select counsel for filing review applications under Article 188 of the Constitution. Additionally, it mandates that applications for urgent or interim relief be heard within 14 days of their submission.
Despite these provisions, the court struck down the law’s retrospective right of appeal for cases previously adjudicated under Article 184(3).
