Supreme Court upholds (Practice & Procedure) Act 2023 by majority of 10 to 5

The full court, comprising all 15 judges of the apex court,on Wednesday dismissed the petitions against the Practice and Procedure Act, and sustained the law with a majority of 10-5.

The full court in the verdict acknowledges the parliament’s right to legislation under Article 191, which states that the SC rules are subject to the Constitution. 

The CJP mentioned that by a majority of 8-7 — CJP Isa, Justice Sardar Tariq Masood, Justice Syed Mansoor Ali Shah, Justice Amin-ud-Din Khan, Justice Jamal Khan Mandokhail, Justice Athar Minallah and Justice Musarrat Hilali dissenting — sub-section (2) of section 5 of the Act (granting a right of appeal retrospectively) is declared to be ultra vires the Constitution.

By a majority of 9-6 (Justice Ahsan, Justice Akhtar, Justice Yahya Afridi, Justice Naqvi, Justice Malik, and Justice Waheed dissenting) sub-section (1) of section 5 of the Act (granting a right of appeal prospectively) is declared to be in accordance with the Constitution.

“By a majority of 8-7 (CJP Isa, Justice Sardar Tariq Masood, Justice Syed Mansoor Ali Shah, Justice Amin-ud-Din Khan, Justice Jamal Khan Mandokhail, Justice Athar Minallah and Justice Musarrat Hilali dissenting) sub-section (2) of Section 5 of the Act (granting a right of appeal retrospectively) is declared to be ultra vires the Constitution and to this extent the petitions are allowed,” the verdict added.

Key Takeways from the verdict

Former CJP’s jurisprudence is to stay and valid as majority judges decided against the provision of law wherein right of appeal was given retrospectively. So no appeal can be filed against Panama judgement.

The Part of the act that talks about appeals for past cases rejected with an 8-7 majority.However,the part of the act that talks about future appeals accepted with a 9-6 majority

What is  Supreme Court (Practice & Procedure) Act, 2023

The Supreme Court (Practice & Procedure) Act, 2023, — a law regulating the chief justice’s powers — was passed by the former ruling coalition Pakistan Democratic Movement (PDM) towards the end of its government.

The law gave the power of taking sou motu notice to a three-member committee comprising senior judges including the chief justice. It further aimed to have transparent proceedings in the apex court and includes the right to appeal.