SC declares Practice and Procedure Act legal, validates legislation

ISLAMABAD (92 News) – The Supreme Court of Pakistan full court declared the Practice and Procedure Act legal and rejected the appeals it, validating the legislation done by the parliament.

Chief Justice Qazi Faez Isa announced the verdict by 10-5. Five judges, including Justice Ejazul Ahsan, Justice Mazahar Naqvi, Justice Muneeb Akhtar, Justice Shahid Waheed and Justice Ayesha Malik, dissented from the judgment of the majority.

The court ruled that the past appeals will not applicable in the Practice and Procedure Act. After the verdict, the SC Practice and Procedure Act has been enforced. Earlier, the SC had stayed the Act.

The Supreme Court (Practice and Procedure) Bill, 2023 was aimed at giving the power of taking suo motu notice to a three-member committee comprising senior judges including Chief Justice. It also aims to have transparent proceedings in the apex court and includes the right to appeal.  

Regarding the constitution of benches, the bill states 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 a majority.

Regarding exercising the apex court’s original jurisdiction, the bill said that any matter invoking the use of Article 184(3) would first be placed before the above mentioned committee.

The bill says that if the committee is of the view that a question of public importance with reference to the enforcement of any of the fundamental rights conferred by Chapter I of Part II of the constitution is involved, it shall constitute a bench comprising not less than three judges of the Supreme Court of Pakistan which may also include the members of the committee, for adjudication of the matter.