ISLAMABAD: President Asif Ali Zardari Friday greenlighted the Supreme Court Practice and Procedure (Amendment) Ordinance 2024, restoring all the exclusive powers of the chief justice of Pakistan (CJP) to constitute benches.
Soon after the president’s seal of approval, Chief Justice of Pakistan (CJP) Justice Qazi Faez Isa appointed Justice Amin-ud-Din Khan to the judges’ committee, replacing Justice Munib Akhtar.
The Office Order issued by the Supreme Court said in exercise of powers under Section 2(1) of the Supreme Court (Practice and Procedure) Act, 2023 as amended by the Ordinance No VII of 2024, the Chief Justice of Pakistan has been pleased to nominate Justice Amin-ud-Din Khan as the third member of the Committee.
Earlier, under the Supreme Court (Practice and Procedure) Act 2023, enacted by the Pakistan Democratic Movement (PDM) coalition government, the three-member committee included Chief Justice Qazi Faez Isa, Justice Syed Mansoor Ali Shah and Justice Munib Akhtar.
The committee was mandated to decide on the formation of the Supreme Court benches and cases related to human rights but the new ordinance grants additional powers to the chief justice to nominate a judge as a member of the committee.
So, exercising his power, the chief justice nominated Justice Amin-ud-Din Khan as the third member of the committee, replacing Justice Munib Akhtar.
This means the chief justice has been again made the Master of Roster, giving all the exclusive powers of constituting benches — a tradition that was exercised during the tenure of former chief justice of Pakistan Justice Umer Ata Bandial.
Justice Ata Bandial drew a severe criticism for constituting benches consisting of his likeminded judges and fixing the cases related to Article 184(3) of the Constitution.
In order to remove this tradition and clip the powers of the chief justice as the Master of Roster, the Pakistan Democratic Movement (PDM), a coalition of several political parties, passed the Supreme Court (Practice and Procedure) Act 2023 during its last days, regulating the powers of the chief justice.
However, before the law was enacted, an eight-member bench constituted by the then chief justice Umar Ata Bandial issued a stay order on it on April 13, 2023.
The law gave the power of taking suo motu notice to a three-member committee, comprising senior judges including the chief justice.
It further aimed to ensure transparent proceedings in the apex court and included the right to appeal.
Regarding the constitution of benches, the law stated that every cause, matter or appeal before the apex court would be heard and disposed of by a bench constituted by a committee comprising the CJP and the two senior-most judges.
It added that the decisions of the committee would be taken by majority. Regarding exercising the apex court’s original jurisdiction, the Act stated that any matter invoking the use of Article 184(3) would first be placed before the committee.
On matters where the interpretation of the Constitution is required, the Act stated the committee would compose a bench comprising no less than five apex court judges.
About the appeals for any verdict by an apex court bench that exercised Article 184(3)’s jurisdiction, the Act said that the appeal would lie within 30 days of the bench’s order to a larger SC bench. It added that the appeal would be fixed for hearing within a period not exceeding 14 days.
The Act additionally said a party would have the right to appoint its counsel of choice for filing a review application under Article 188 of the Constitution.
Furthermore, under the Act, an application pleading urgency or seeking interim relief, filed in a cause, appeal, or matter, shall be fixed for hearing within 14 days from the date of its filing.
The law had the provision that this right of appeal would also extend retrospectively to those aggrieved persons against whom an order was made under Article 184(3) prior to the commencement of the Act.
The court, however, by a majority of 8-7 (Chief Justice Qazi Faez Isa, Justice Sardar Tariq Masood, Justice Syed Mansoor Ali Shah, Justice Amin-ud-Din Khan, Justice Jamal Khan Mandokhel, Justice Athar Minallah and Justice Musarat Hilali dissenting) declared sub-section 2 of Section 5 of the Act (granting a right of appeal retrospectively) as ultra vires to the Constitution.
Meanwhile, Minister for Information and Broadcasting Attaullah Tarar said the Supreme Court (Practice and Procedure) Amendment Ordinance 2024 had been promulgated by the president to serve the public interest and enhance transparency in the judicial process.
Shared the details of the ordinance with the media, the information minister said the first case to land in the court will be heard first.
He said the right of appeal had also been granted for any judgment to be passed by the apex court in a case under Article 184(3).
He said in a case under Section 184(3), it will have to be written why it was a matter of public importance.
A formal order will be issued that if a case under Section 184(3) was taken up, whether it was a case of public importance, or human rights issue.
He said each case will be heard on its turn; otherwise, reason will be furnished for its taking out of turn. He said under the ordinance, on 184 (3) any order passed by the Supreme Court, the right of appeal had been granted.
Tarar said a transcript of the proceedings for each case will also be prepared and it will be available to the public, making the judicial process more transparent. He said a committee had been set up under the Practice and Procedure Act headed by the chief justice of the Supreme Court, the puisne judge and the third senior judge were its members.
He said under the ordinance, the chief justice will head the committee whereas the puisne judge will be a member and a third judge of the Supreme Court will be its member.
“The chief justice will nominate one of the judges of the Supreme Court as a member of this committee from time to time,” the minister added.
He said cases were delayed due to the unavailability of the third member of the committee in Islamabad. Tarar said a petition regarding the review of 63-A was pending to date.
He remarked that some decision should have come regarding the revision of 63-A, as it was an important matter. “All these reforms and amendments have been made keeping in mind the interests of the common people,” he said.
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