Full court led by Chief Justice of Pakistan (CJP) Qazi Faez Isa, encompassing 14 esteemed Supreme Court judges, to resume hearing pleas against SC (Practice and Procedure) Act 2023 today. Marking the significance of this hearing, PTV is set to provide a live broadcast from Courtroom No.1 starting at 9:30 a.m.
Besides CJP Isa, other notable members of this bench include Justice Sardar Tariq Masood, Justice Ijazul Ahsan, Justice Syed Mansoor Ali Shah, and many other venerable justices. The preceding hearing witnessed the court requesting replies from all involved parties, a directive that saw a slight delay from the federal government due to the Attorney General’s commitments abroad.
Core Arguments and Points of Contention
‘Law ensures freedom of judiciary’
Central to this case, the federal government has posited in its reply that the SC (Practice and Procedure) Act 2023 upholds the judiciary’s autonomy. However, the implications of upholding the Act in question could vary based on the current status of the cases and their alignment with Sections 2 and 3 of the Act.
‘Enlargement of jurisdiction’
In response to further queries, the government has stressed the Constitution’s inclination to expand the Supreme Court’s jurisdiction. Citing constitutional provisions, the government has elaborated on the diverse types of jurisdiction the apex court holds, including territories it has incorporated within its realm.
Political Parties Weigh In
Pakistan Muslim League–Nawaz (PML-N) has explicitly requested the court to dismiss the petitions challenging the Act that curtails the CJP’s authority. Represented by counsel Salahuddin Ahmed, PML-N’s submission underscores the legitimacy and constitutional alignment of the SC Act 2023.
Past hearings have illuminated varied perspectives. CJP Isa has contended that the Act isn’t necessarily infringing on the CJP’s rights. In broader reflections, he has also acknowledged past judicial mistakes and called for self-accountability. He further emphasized that the judiciary operates on public funds and underscored his commitment to the Constitution over individual judgments.
The Essence of the Law in Question
Central to this case, the SC (Practice and Procedure) Act 2023 intends to delegate suo motu powers to a committee of three senior judges, including the CJP. This aims for more transparent apex court proceedings and introduces the right to appeal. Additionally, the Act provides specific provisions regarding bench constitution, interpretation requirements, and appeal timelines, which are pivotal discussion points.
The case remains a focal point in Pakistan’s legal and political landscape. Its outcome will likely shape the contours of judicial practice and the balance of power within the country’s highest legal echelons.
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