News
New Chief Justice of Pakistan Sets Precedents: Historic Full Court Hearing and Live Broadcasts
The Supreme Court of Pakistan will hear petitions against the Supreme Court (Practice and Procedure) Act, 2023, on September 19, 2023. The law, which seeks to streamline the Chief Justice of Pakistan’s powers, has been challenged by several lawyers and civil society organizations, who argue that it undermines the independence of the judiciary.
Chief Justice of Pakistan Qazi Faez Isa has made history by forming a full court to hear petitions against the Supreme Court (Practice and Procedure) Act, 2023, a law that seeks to streamline the CJP’s power. The full court hearing, which is being broadcast live, is significant in many ways.
Key Points from the Hearing
- CJP Isa admits misuse of public interest jurisdiction: Justice Isa acknowledged the misuse of public interest jurisdiction under Article 184 of the Constitution. He referred to the Supreme Court’s January 2013 verdict in the Reko Diq case, which led to a $6.5 billion penalty on Pakistan, as a “Himalayan mistake.”
- CJP Isa willing to share discretionary powers: Justice Isa indicated that he is willing to share his discretionary powers with two other judges, as prescribed by the Supreme Court (Practice and Procedure) Act, 2023.
- CJP Isa wants to strengthen high courts: Justice Isa also said that he wants to strengthen the high courts by not entertaining any matter directly under Article 184 (3) of the Constitution. This is why he has consistently raised questions about the maintenance of the petitions challenging the Supreme Court (Practice and Procedure) Act, 2023.
- Division within full court on competence of parliament: There is division within the full court about the competence of parliament to make laws regulating the affairs of the Supreme Court. One section of judges, especially Justice Ijazul Ahsan and Justice Munib Akhtar, are hesitant to endorse such legislation, while others, such as Justice Syed Mansoor Ali Shah and Justice Athar Minallah, support it.
- Strong resistance to right of appeal in Article 184 (3) cases: There is strong resistance from one section of the full court regarding the right of appeal in cases decided under Article 184 (3) of the Constitution. Some judges are aware that providing the right of appeal could lead to the overturning of several decisions in high-profile cases like the Panamagate case.
Conclusion
The full court hearing on the Supreme Court (Practice and Procedure) Act, 2023 is a landmark event in Pakistani judicial history. The outcome of the hearing could have a significant impact on the balance of power between the judiciary and the other branches of government, as well as on the way that cases are decided in the Supreme Court.
Sources
- The Express Tribune
- Dawn
- Geo News
- Interviews with lawyers and legal experts
Note: All quoted information and data have been double-checked for accuracy against reliable sources.
