Tag: Supreme Court (Practice and Procedure) Bill 2023.

  • Supreme Court upholds Practice & Procedure Act 2023

    Supreme Court upholds Practice & Procedure Act 2023

    The Supreme Court (SC) has issued a verdict in favour of the SC (Practice and Procedure) Act, 2023, dismissing petitions challenging its validity.

    Headed by Chief Justice Qazi Faez Isa, the SC full bench consisted of Justice Sardar Tariq Masood, Justice Ahsan, Justice Syed Mansoor Ali Shah, Justice Akhtar, Justice Yahya Afridi, Justice Aminuddin Khan, Justice Naqvi, Justice Jamal Khan Mandokhel, Justice Mazhar, Justice Ayesha, Justice Athar Minallah, Justice Rizvi, Justice Waheed and Justice Musarrat Hilali.

    The decision was upheld by 10-5 majority.

    While reading out the order, CJP Isa noted that five members of the full court bench — Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Sayyed Mazahir Ali Akbar Naqvi, Justice Ayesha A Malik, and Justice Shahid Waheed — had opposed the law.

    The decision on the SC (Practice and Procedure) Act, 2023, case was delivered after the completion of all arguments. Attorney General Mansoor Awan presented a comprehensive case in favor of the act, leading to the full court’s decision in support of the legislation.

    The SC (Practice and Procedure) Act, 2023, has been a subject of considerable debate and legal scrutiny, with various petitions seeking its annulment. However, the apex court has preserved the Act, emphasising its continued relevance in the legal system.

    However, by an 8-7 decision, the majority of judges have decided against the provision of law wherein retrospective right of appeal was given in the Act.

    The Supreme Court (Practice & Procedure) Act, 2023, which has been at the centre of legal debate and judicial proceedings, introduced several crucial provisions, reshaping the functioning of the Supreme Court of Pakistan:

    1. Sou Motu Notice: The Act granted the power of taking suo motu notice to a three-member committee, consisting of senior judges, including the Chief Justice. This provision aimed to facilitate the initiation of legal proceedings in the apex court and ensure transparency. It also included the right to appeal.
    2. Constitution of Benches: According to the Act, every case, matter, or appeal brought before the Supreme Court would be heard and decided by a bench formed by a committee comprising the Chief Justice and the two most senior judges. Decisions of the committee would be made by a majority vote.
    3. Original Jurisdiction: When exercising the apex court’s original jurisdiction, the Act mandated that any matter invoking the use of Article 184(3) must first be presented before the committee.
    4. Interpretation of the Constitution: In cases where the interpretation of the Constitution was necessary, the Act stipulated that the committee would assemble a bench consisting of no fewer than five Supreme Court judges.
    5. Right to Appeal: In instances where a decision was made by a Supreme Court bench exercising Article 184(3) jurisdiction, the Act allowed for an appeal to be filed within 30 days of the bench’s order. This appeal would be scheduled for a hearing within a period not exceeding 14 days.
    6. Retrospective Right of Appeal: The Act also extended the right of appeal retrospectively to individuals who had been affected by an order made under Article 184(3) before the commencement of the SC (Practice and Procedure) Act, 2023, provided that the appeal was filed within 30 days of the Act’s implementation.
    7. Choice of Counsel: Parties involved in legal proceedings were granted the right to select their counsel for filing a review application under Article 188 of the Constitution.
    8. Urgency and Interim Relief: The Act outlined that any application claiming urgency or seeking interim relief in a case, appeal, or matter would be scheduled for a hearing within 14 days from the date of filing.
  • Unprepared lawyers in live Supreme Court proceedings unleash Pakistani Twitter at its best

    Unprepared lawyers in live Supreme Court proceedings unleash Pakistani Twitter at its best

    The live transmission of the Supreme Court’s (SC) full bench led by Chief Justice of Pakistan (CJP) Qaez Faez Isa on Monday has led to social media blitz of memes.

    Delighted viewers got to see a Supreme Court hearing for the first time, and they did not hold back on jokes.

    Lawyers, particularly Khawaja Tariq Rahim, came under particular scrutiny, and the internet was not particularly impressed with his arguments, or lack thereof.

    We have gathered the best of the internet’s comments on proceedings, judges’ remarks and lawyers’ arguments.

    One user used a meme about what lawyers think they do, what public thinks lawyers do and what lawyers actually do.

    Another user tweeted a meme what CJP Isa might have said to Advocate Khawaja Tariq Rahim.

    More tweets about lawyers and their arguments here:

    Do you agree with these tweets?

  • Govt vs Supreme Court: Ruling alliance rejects ‘controversial’ bench constituted to hear pleas on SC bill

    Govt vs Supreme Court: Ruling alliance rejects ‘controversial’ bench constituted to hear pleas on SC bill

    The ruling alliance on Thursday rejected the eight-member bench constituted earlier in the day to hear petitions challenging the Supreme Court (Practice and Procedure) Bill 2023.

    In a harshly worded statement, the coalition government vowed to resist attempts to remove parliament’s authority and interfere in its constitutional scope. The ruling parties further said, “such a move was never seen in the history of Pakistan and the Supreme Court”.

    The statement mentioned that top court judges — Justice Faez Isa and Justice Aminuddin Khan  — had in their earlier judgments openly expressed their objection to the “one-man show”, biased and dictatorial behaviour and the formation of special benches, while criticising the unchecked powers the Chief Justice of the apex court holds.

    “The constitution of the controversial bench in haste and fixing the bill for hearing, apart from the will and intent, also clearly expresses the decision to come, which is sad and tantamount to murder of justice,” the ruling alliance maintained.

    “With the formation of the eight-member controversial bench, the facts stated in the judgments of these honourable judges have become clearer,” the statement read.

    “The constitution of the controversial bench in haste and fixing the bill for hearing, apart from the will and intent, also clearly expresses the decision to come which is sad and tantamount to murder of justice,” the ruling alliance maintained.

    The bench set to hear plea against the bill comprises of Chief Justice of Pakistan Umar Ata Bnadial, Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Sayyed Mazahar Ali Akbar Naqvi, Justice Mohammad Ali Mazhar, Justice Ayesha A. Malik, Justice Syed Hasan Azhar Rizvi and Justice Shahid Waheed.

    The Supreme Court (Practice and Procedure) Bill 2023, is aimed at depriving the office of the CJP of powers to take suo motu notice in an individual capacity. It was initially passed by both houses of parliament and sent to the president for his assent. However, President Dr Arif Alvi had sent it back, saying that the proposed law travelled “beyond the competence of parliament”.

    The formation of the bench was met with surprise from the legal fraternity as the bill is yet to become law.