Pakistan
SC upholds 2023 Practice and Procedure Act
The top court rejects all the petitions against the Supreme Court [Practice and Procedure] Act, with the ratio of ten to five judges.
Islamabad: In a significant development, the Supreme Court, with a majority of 10-5, upheld the constitutionality of the Supreme Court (Practice and Procedure) Act 2023, which addresses the powers of the Chief Justice.
The full court of the Supreme Court, comprising all 15 judges, delivered the verdict after holding five extensive hearings earlier in the day, addressing challenges to the law.
Chief Justice Isa, while announcing the verdict, noted that five members of the bench, including Justice Ijazul Ahsan, Justice Muneeb Akhtar, Justice Sayyed Mazahir Ali Akbar Naqvi, Justice Ayesha A Malik, and Justice Shahid Waheed, opposed the law.
The Chief Justice also stated that by an 8-7 majority, sub-section 2 of section 5 of the act, which pertains to granting the right of appeal retrospectively, has been declared 'ultra vires' or against the Constitution.
The Supreme Court (Practice and Procedure) Act 2023 grants the authority for the three-member committee of senior judges, including the Chief Justice, to take suo motu notice. It aims to ensure transparent proceedings in the apex court and includes provisions for the right to appeal.
Regarding the formation of benches, the Act stipulates that all matters before the apex court would be heard and adjudicated by a committee consisting of the Chief Justice and the two senior-most judges. Decisions of the committee would be made by a majority vote.
Concerning the exercise of the apex court's original jurisdiction, the Act requires any matter invoking the use of Article 184(3) to be initially presented before the committee.
In cases requiring an interpretation of the Constitution, the Act specifies that the committee would constitute a bench comprising no less than five apex court judges.
In instances where an appeal is sought for any verdict rendered by an apex court bench exercising Article 184(3)'s jurisdiction, the Act mandates that the appeal be filed within 30 days of the bench's order to a larger Supreme Court bench. The appeal must be scheduled for a hearing within 14 days.
The Act also affirms the right of a party to appoint its chosen counsel when submitting a review application under Article 188 of the Constitution.
Furthermore, it states that an application claiming urgency or requesting interim relief in a case, appeal, or matter must be scheduled for a hearing within 14 days from the date of filing.
However, a provision in the law, extending the right of appeal retrospectively to individuals who were affected by an order made under Article 184(3) before the commencement of the Act, has been struck down by the court.