The Supreme Court of Pakistan has commenced a historic hearing on a series of petitions challenging the Supreme Court (Practice and Procedure) Act 2023. Newly sworn-in Chief Justice of Pakistan (CJP) Qazi Faez Isa has convened a full court, comprising all 15 judges of the apex court, to deliberate on this significant legislation. The hearing is being broadcast live on state television, garnering nationwide attention.
The full court, which includes distinguished jurists such as Justice Sardar Tariq Masood, Justice Ijazul Ahsan, Justice Mansoor Ali Shah, Justice Muneeb Akhtar, and others, holds the responsibility of reviewing the contentious Act.
In April of this year, an eight-member larger bench, headed by then Chief Justice Umar Ata Bandial, temporarily suspended the Practice and Procedure Act even before its formal enactment. Concerns about its far-reaching implications prompted some apex court judges to advocate for a swift resolution of the case.
The Practice and Procedure Act, at the heart of this legal dispute, seeks to redefine the process of initiating suo motu notices and forming apex court benches. It proposes to delegate these powers to a three-member committee, including senior judges, instead of retaining them solely with the Chief Justice.
The bill had received parliamentary approval on March 30 but faced a setback when President Dr. Arif Alvi declined to grant his assent on April 8, prompting a reconsideration by the parliament. A joint session of parliament eventually approved the bill on April 10, setting the stage for its automatic enactment on April 20, as per legal provisions.
However, the Supreme Court intervened on April 13, staying the enactment of the law. Meanwhile, the National Assembly had already issued a notification announcing the bill as law in the Gazette of Pakistan.
Justice Mansoor Ali Shah recently emphasized the urgency of resolving the Practice and Procedure Act case, highlighting that a declaration of its validity could potentially impact the significance of judgments made under suo motu jurisdiction.
Legal experts are closely monitoring this landmark case, as its outcome could have significant repercussions for other matters before the court, including the accountability law amendment case and the Supreme Court’s review of judgments and orders.
Notably, this marks the first time in over eight years that a full court has been formed in Pakistan’s Supreme Court. The last instance was in 2015 when a full court was convened to address the 21st Constitutional Amendment case, related to the establishment of military courts for expeditious trials of terrorists.
This move by Chief Justice Qazi Faez Isa to constitute a full court signals his commitment to unifying the judiciary and underscores the gravity of the Practice and Procedure Act case, which now rests in the hands of all the judges of the Supreme Court.
