SC Practice and Procedure case to be concluded today: CJP

Islamabad: The hearing on the petitions against Practice and Procedure Act has started in the Supreme Court headed by Chief Justice of Pakistan (CJP) Qazi Faez Isa today (Monday).

According to details, the Supreme Court is conducting a full court on-camera hearing on petitions against the Practice and Procedure Act.

The arguments are being given by President Supreme Court Bar Association Abid Zuberi.

Justice Ijaz-ul-Ahsan remarked that Parliament cannot make rules or legislate to make rules. Only the Supreme Court has the authority to change the rules within the scope of the existing law.

The Chief Justice of Pakistan said: “The Constitution says that Supreme Court is authorized to make its own rules of practice and procedure. If the Supreme Court makes rules above the constitution, then someone will remind it to stay within the scope of constitution”.

Justice Ijaz-ul-Ahsan said that Constitution already binds the Supreme Court to make rules in accordance with the Constitution and the law. While the Chief Justice of Pakistan talking to Abid Zubiri, said that time is short, answer my question quickly. If the subject-to-law is removed, what difference will it make to the authority to make rules?

Lawyer Abid Zuberi replied: “Wven if the words of making rules according to the constitution and law are removed from the constitution, it will not make a difference,” to which Justice Qazi Faiz Isa said okay we have got the answer, go to the next point.

Abid Zuberi further said that if the Parliament can enact legislation related to the Supreme Court as stated in Article 191, then it was right. On which Justice Ijaz-ul-Ahsan added there is another question, can the Supreme Court encroach upon the authority of the Parliament and enact a law? We have to see where the constitution binds any institution to the constitutional limits, the constitution empowers the Supreme Court to make rules according to the constitution and law.

Justice Ijaz-ul-Ahsan further stated: “Parliament empowered the Supreme Court to make rules which it used, can the Supreme Court rules be changed by legislation”?

Abid Zuberi continued to say that when the Supreme Court made the rules, they cannot be changed by law. On which Justice Qazi Faiz Isa said: “The hearing has to be completed today, I want to hear the lawyers, whatever the judges want to write in their decision they can do so”.

Justice Muneeb Akhtar said that binding to make rules according to the constitution and law means that rules will be made according to the existing law. While Chief Justice Qazi Faizi Isa added that today we are hearing this case and the burden of cases in our institution is increasing. Today we have to conclude the case, finish your arguments by 11 o'clock.

Chief Justice of Pakistan inquired if Abid Zuberi had submitted written arguments. To which Abid Zubari said that he has just submitted his written response. Qazi Faez Isa stated that the court had already ordered to submit written arguments, so many documents have been submitted now, in which country do the petitioner submit a written response at the hearing of the case? US and other courts are cited in everything, give the reference in this too.

Lawyer Abid Zuberi said: “I want to refer to the decision of New Jersey court,” on which Justice Qazi Faez said, at least refer to the decision of US Supreme Court, do not lower our level so much as to present the decision of New Jersey court as an example.

When the hearing of the case started again after the break, Adnan Khan, the lawyer of the petitioner, Amir Sadiq, said in his arguments that the Parliament does not have the authority to make the Supreme Court Rules through the Act.

The constitution makers did not deliberately give Parliament the power to change the rules of the Supreme Court. The office of the Chief Justice has been made redundant by Parliament. Supreme Court stands on two bases, one is the Chief Justice and the other is rest of the judges, he added.

Justice Qazi said that the powers given to the Chief Justice are listed in the Constitution. Tell where chief justice has been given exclusive power except Supreme Court.

On which lawyer Adnan Khan said that according to constitution, Chief Justice himself can appoint benches without any consultation. If two judges say that bench will not formed be from next week, only chamber work will be done, then the powers of the Chief Justice will be useless.

Justice Athar Manullah said, “You are still telling the future, which of your fundamental rights has been affected by this law? What fundamental right are you defending to us”?

Lawyer Adnan Khan said that Parliament has no power to legislate, it affects all fundamental rights. Article-4 of the Access to Justice Act was violated by the Supreme Court Practice and Procedure Act. The Act made a mockery of the Supreme Court by providing a procedure for fast-track cases.

Chief Justice Qazi Faiz Isa stated that we used to use our brains to appoint cases before. I have already given the authority to appoint cases to the case management committee. Did I violate the constitution by forming a case management committee?

Justice Athar Minullah remarked that the appeal against the decision of Peshawar High Court (PHC) regarding the detention centers has been pending for four years. Why can't legislation be passed if important cases are not decided? While the Chief Justice of Pakistan said, ‘If I do not set the case related to the detention centers, what solution will you have’?

Lawyer Adnan Khan stated that consultation is a good thing, Chief Justice can consult with anyone among his colleagues. The word ‘consultation’ is not mentioned anywhere in this law. On which the CJP said is there is any such law or Sharia law that give no right to appeals?

Qazi Faiz Isa said: ‘Where is it written in the law or Shariat that the decision of the judge will be the final, please provide a reference. On which the lawyer concluded his arguments and said, “I will submit the reference”.

When the Chief Justice of Pakistan called the Attorney General to the rostrum, Imtiaz Siddiqui raised an objection for not giving time for the arguments, which caused clash between the Chief Justice and lawyer Imtiaz Siddiqui.

The petitioner's lawyer Imtiaz Siddiqui argued, ‘You had said that you will listen to us first and then to the Attorney General, it is unfair not to listen to us’. On which the Chief Justice said, where is it written in the order that you have to be listened now? To which Imtiaz Siddiqui replied, ‘Look at your behavior towards us’. The Chief Justice replied that one should have manners to talk.

Chief Justice of Pakistan said that the order of the previous hearing was issued with the signature of all the judges in which it has been stated that the arguments of Imtiaz Siddiqui have been completed and he does not want to say further. On which Imtiaz Siddiqui said: ‘My colleague Khawaja Tariq Rahim did not come to the court today because of your behavior, rather he has asked to convey you a message’.

Justice Qazi Faiz Isa said you should sit on your seat, on which lawyer Imtiaz Siddiqui returned to his seat.

It is pertinent to note that if the arguments of the lawyers are completed, the hearing is likely to be completed today. While the Chief Justice has also indicated to complete the case today.

More to follow…