On Friday, Information Minister Attaullah Tarar announced that President Asif Ali Zardari approved the Supreme Court (Practice and Procedure) Amendment Ordinance 2024. This legislation limits the top judge’s power to form benches.
In October 2023, the Supreme Court upheld the SC (Practice & Procedure) Act of 2023. Passed by parliament in April 2023, the act requires a three-member bench, including the Chief Justice of Pakistan (CJP) and the two senior-most judges, to decide on suo motu cases. Previously, only the CJP had this authority. The law also extends the court’s review jurisdiction, allowing appeals within 30 days for suo motu cases.
Petitioners criticized this law as a move to curtail the chief justice’s powers. Following the federal cabinet’s endorsement, the president signed the ordinance to enhance judicial transparency and serve the public interest, stated Tarar.
He explained that the ordinance mandates that cases be heard on a first-come, first-served basis. It also allows for appeals in decisions under Article 184(3), concerning the court’s original jurisdiction on matters of public importance relating to fundamental rights.
Furthermore, Tarar noted that all case proceedings will be transcribed and published to promote transparency. The ordinance alters the bench formation committee to include the CJP, the senior puisne judge, and another justice nominated by the CJP instead of the third most senior judge, Justice Munib Akhtar.
Justice Akhtar was part of the bench confirming PTI’s eligibility for reserved seats in July, securing its status as a parliamentary party. He and Justice Mansoor Ali Shah postponed a related PML-N petition until after the summer recess to ensure full judicial attendance.
During the 17th meeting on July 18, CJP Qazi Faez Isa reportedly opposed the majority view. The ordinance also specifies that benches handling suo motu cases must articulate the involved public importance and fundamental rights. For urgent matters, the ordinance dictates that cases be processed in the order received unless legal or clear criteria dictate otherwise. Any deviation must be justified in writing by the bench.
