Defer Article 184(3) cases until SC verdict on procedure law: Justice Shah

ISLAMABAD: In a two-page note, Justice Syed Mansoor Ali Shah of the Supreme Court on Saturday requested the Chief Justice of Pakistan to defer hearing of cases under Article 184(3) of the Constitution until the apex court decides the constitutional validity of the Supreme Court (Practice and Procedure) Act 2023.

The judge, during the hearing of the petition challenging the amendments made by the previous coalition government in the National Accountability Ordinance (NAO) 1999, had stressed the need for a full court or a five-member bench to hear the instant matter. The judge had observed that after the introduction of the Supreme Court (Practice and Procedure) Act 2023, matters pertaining to cases adjudicated under Article 184(3) of the Constitution must be heard by a five-member bench or a full court.

On Saturday, in his note, Justice Syed Mansoor Ali Shah said that in case the Act is held to be valid, the decision of this bench, which is not constituted as per the procedure prescribed and the strength of judges required under the Act, in the present matter, may arguably be coram non-judice and thus a nullity in the eye of law.

“In order to avoid such an anomaly, I was of the view that the cases under Article 184(3) of the Constitution should not be heard till the case dealing with the constitutional validity of the Act is decided, or if some urgency requires that a case under Article 184(3) of the Constitution must be heard, it would be prudent and appropriate if it is heard by a full court,” Justice Shah said.

The judge said that, in all fairness to the parties to this case, he also considers it appropriate to give them an opportunity to assist the court on the question of whether this Bench should continue hearing this case or should this case be adjourned till the Court first decides the constitutionality of the Supreme Court (Practice and Procedure) Act, 2023, or, in the alternative, should a Full Court Bench hear this case pending a decision on the constitutionality of the Act.