Supreme Court (Practice & Procedure) Act, 2023 hearing adjourned untill tomorrow

Full court bench resumed hearing against the Practice and Procedure Act
Qazi Faez Isa remarked Parliament must be respected
SC hinted to conclude the case today but adjourned untill Tuesday (tomorrow)

The Supreme Court (Practice and Procedure) Act 2023 resumed on Monday, Chief Justice of Pakistan (CJP) Qazi Faez Isa asked if the Parliament can correct a mistake made by the country’s top judge.

Qazi Faez Isa observed that the parliament passed the Supreme Court (Practice and Procedure) Act 2023 — the law seeking to regulate the discretionary powers of the country’s top judge — with “good intentions”.

Supreme Court Bar Association President Abid Zuberi argued that the rules of practice and procedure could only be made by the Supreme Court, adding the “subject to law” mentioned in the Constitution did not mean parliament can make laws.

He further said separate legislative powers on this matter would mean exceeding the authority, as the Constitution did not allow parliament to legislate on the matter.

The CJP asked Zuberi if Article 184 (3) was used in the right or wrong way in the past, responding to which he said it had been misused and there should be an appeal against it.

The chief justice said that the court is hearing the current case under the same article.

“If the Supreme Court expands the scope of Article 184 (3) in cases, it is right, but it is wrong if the Parliament does the same?” CJP Isa asked.

Justice Mandokhail asked Zuberi about the fundamental rights that were being affected by the law.

Justice Minallah, in the course of the hearing, remarked that the Parliament has the power to expand or restrict the apex court’s jurisdiction.

“Can Parliament not legislate for fundamental rights?” he asked, addressing the SCBA president.

Justice Ahsan remarked that the question in the case is that of authority.

“Tell me, no matter how good the law is, does the Parliament have the power to make rules for the Supreme Court?” he asked Zuberi.

In his query, Justice Minallah asked if the Supreme Court is violating the right to access to justice, can the Parliament not intervene then?

“You have failed to argue the admissibility of this case,” he said, addressing the SCBA president.

The parliament should not be hampered from doing good just because it lacks the two-third majority needed to pass a constitutional amendment, CJ remarked, at another point during the hearing.

Review petitions filed against the law curtailing CJP’s powers are being heard before a full court. The apex court aimed to conclude the case today, on the third day of proceedings, after hearing all parties.

However, the court adjourned the hearing for further arguements from counsels of all parties till 11:30am on Tuesday (tomorrow).

Headed by CJP Isa, the bench comprised Justice Sardar Tariq Masood, Justice Ijazul Ahsan, Justice Syed Mansoor Ali Shah, Justice Munib Akhtar, Justice Yahya Afridi, Justice Aminuddin Khan, Justice Sayyed Mazahar Ali Akbar Naqvi, Justice Jamal Khan Mandokhel, Justice Muhammad Ali Mazhar, Justice Ayesha A Malik, Justice Athar Minallah, Justice Syed Hasan Azhar Rizvi, Justice Shahid Waheed and Justice Musarrat Hilali.