The Supreme Court of Pakistan has upheld the legality of the Practice and Procedure Act, 2023, with Chief Justice Qazi Faez Isa delivering the short order. This decision follows the conclusion of arguments presented by all respondents before a 15-member full-court bench.
Chief Justice Isa noted that ten out of 15 members of the full court bench found that the legislation passed by the Parliament, particularly regarding the powers of the Chief Justice, was correct. Additionally, the full court declared the petitions filed against the Supreme Court Practice and Procedure Act, 2023, as inadmissible by majority opinion.
However, Justice Ijaz-ul-Ahsan, Justice Munib Akhtar, Justice Syed Mazahar Ali Akbar Naqvi, Justice Shahid Waheed, and Justice Ayesha A. Malik did not agree with the opinion of the 10 judges who upheld the legislation.
The hearing was broadcast live on state-run PTV, allowing the public to witness the proceedings and the arguments presented by the lawyers.
The Attorney General opposed the petitions, stating that Article 191 of the Constitution of Pakistan allows Parliament to legislate, emphasizing that the SC (Practice and Procedure) Act is not intended to undermine the independence of the judiciary. He argued that no article can take away the Parliament’s right to legislate.
Chief Justice Isa, in his remarks, highlighted the trust that both Parliament and the judiciary have in each other, and he urged against attempts to create differences between the two. He emphasized that neither the Parliament nor the Supreme Court views each other as enemies.
The Practice and Procedure Act, 2023, limits the Chief Justice of Pakistan’s powers to take suo motu notice and form benches independently. It assigns the power to take suo motu notice to a three-member committee, consisting of the chief justice and the two most senior judges of the court.
The Act aims to introduce transparency in proceedings within the apex court and includes provisions for the right to appeal. The bill was passed by the PDM government in the joint session of Parliament on April 10, following its return by President Arif Alvi.