For the first time in the country’s judicial history, the Supreme Court’s full court — comprising all 15 judges of the Supreme Court — allowed live telecast of proceedings on a set of petitions challenging the Supreme Court (Practice and Procedure) Act 2023 — the contentious law seeking to regulate suo motu powers of the country’s top judge.
Chief Justice of Pakistan (CJP) Qaez Faez Isa-led full court is currently conducting the hearing on the petitions being broadcast live on state television PTV.
The apex court declared the petitions seeking full court hearing on the petitions admissible. CJP Isa said that the decision to hold a full court hearing was taken in the full court meeting.
During the hearing, CJP Isa stated that arguments in the case would be restarted because a new bench had been formed.
CJP Isa noted that three applications to form a full court had been approved.
Before today’s hearing, the Attorney General of Pakistan (AGP) Mansoor Usman Awan presented the federal government’s answer in the dispute, urging that the Supreme Court Practise and Procedure Act be rejected.
“Petitions opposing acts of parliament are not admissible.” “As a result, the petitions against the Practise and Procedure Act should be dismissed,” the government argued in its answer.
According to sources, the decision was taken ahead of the hearings in a full court meeting.
Five cameras have been installed in courtroom number one to do this. Four cameras were mounted in the visitors’ gallery, and one was installed in front of the judges’ docks for the lawyers’ rostrum.
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 Sha.
Prior to this, a full court discussion was convened to discuss live broadcasting of today’s proceedings as well as the criteria for an effective case hearing. According to sources, the live broadcast instructions were provided yesterday, only hours after Justice Isa took his oath as CJP.
CJP Isa, who arrived at the Supreme Court in his personal car without following protocol, told the SC personnel, “People come to the Supreme Court to solve their problems.” Visitors should be treated like guests.”
He also stated that the avenues of justice should remain open.
Case background
On April 13, an eight-member Supreme Court panel halted the implementation of the statute, which deals with the powers of the top judge in instances of public interest and aims to limit the Chief Justice of Pakistan’s suo moto powers.
The similarities between the Supreme Court (Review of Judgements and Orders) Act 2023 — which relates to the right of appeal in suo motu cases — and the SC Practise and Procedure Act were discussed during the previous hearing in June, with Attorney General for Pakistan (AGP) Mansoor Usman Awan saying that parliament could look into ‘harmonising’ the two laws.
While praising the suggestion, the then-CJP stated that the federal government should consider the highest court before enacting any law concerning the judiciary.
The law
A three-member committee comprised of senior judges, including the chief justice, was given the authority to take sou motu notice under the law. It also included the right to appeal and was intended for transparent proceedings in the Supreme Court.
In terms of bench composition, the Act provided that every case, matter, or appeal before the Supreme Court would be heard and decided by a bench composed of the CJP and the two senior judges.
It continued on to say that the committee’s choices would be made by a majority vote.
In terms of exercising the Supreme Court’s original jurisdiction, the Act stated that any matter necessitating the use of Article 184(3) would first be heard by the committee.
On matters where the interpretation of the Constitution is required, the Act said the committee would compose a bench comprising no less than five apex court judges.
About 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.
It added 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 SC (Practice and Procedure), Act 2023, on the condition that the appeal was filed within 30 days of the Act’s commencement.
It also stated that this right of appeal would be extended retroactively to aggrieved persons against whom an order was made under Article 184(3) prior to the commencement of the SC (Practise and Procedure) Act 2023, provided the appeal was filed within 30 days of the Act’s commencement.
The Act also stated that a party will be able to appoint its own counsel when submitting a review application under Article 188 of the Constitution.
Furthermore, it stipulates that an application submitted in a cause, appeal, or issue pleading urgency or requesting interim relief must be scheduled for hearing within 14 days of its filing.
