The Supreme Court (Practise and Procedure) Act 2023, which seeks to limit the authority of the Chief Justice of Pakistan, is scheduled to resume before the Supreme Court (SC).
SC resume hearing on Procedure Act tomorrow: On September 18 during a live session, the supreme court postponed the case until October 3.
Additionally, the court ordered the attorneys for the parties to submit their written submissions by September 25.
A 15-member bigger bench presided over by Chief Justice Qazi Faez Isa heard the petitions challenging the law restricting the CJP’s authority during the previous session.
The Chief Justice stressed during the meeting that the Practise and Procedure Act 2023, which was approved by parliament, does not delegate the chief judge’s authority to a three-person committee.
Attorney General of Pakistan (AGP) Mansoor Usman Awan provided the government’s response to the case prior to the previous hearing. In the response, it was asked that the Supreme Court Practise and Procedure Act petitions be dismissed.
The 15-member full court bench quickly lifted the stay order on the Act’s implementation.
The bill
The Supreme Court (Practise and Procedure) Act, 2023 was passed by the previous Pakistan Democratic Movement (PDM)-led government in an effort to limit the chief justice’s ability to set benches and decide which cases will be heard by the court.
The parliament approved the bill earlier this year.
A set of three petitions against the bill led an eight-judge bench, which included the former CJP Umar Ata Bandial, to stay its execution.
A three-member committee made up of senior judges, including the chief justice, will be given suo motu notice-taking authority as part of the Supreme Court (Practise and Procedure) Bill, 2023.
The measure intends to protect the right to appeal and maintain open processes at the supreme court.
The bill lays out how benches would be formed, stating that a committee made up of the chief justice and the two most senior judges will be in charge of choosing the benches that will hear cases. Decisions will be made by majority vote.
The measure provides that issues involving the apex court’s original jurisdiction under Article 184(3) must first be submitted for review to the aforementioned committee.
Additionally, the measure gives the committee the power to convene a bench of at least three Supreme Court justices, which may include committee members, to decide on cases with broad public implications including the protection of basic rights.