President Zardari signs off on changes to SC (Practice and Procedure) Act, 2023
Information Minister Attaullah Tarar on Friday said that President Asif Ali Zardari has signed off on the Supreme Court (Practice and Procedure) Amendment Ordinance 2024 that amended the law to clip the top judge’s powers of bench formation, state-run Radio Pakistan reported.
In October 2023, the Supreme Court had upheld the SC (Practice & Procedure) Act, 2023 which was formulated to regulate the affairs of the top court.
The law, which was passed by parliament in April 2023, states that a three-member bench, comprising the chief justice of Pakistan (CJP) and the two senior-most judges of the apex court, will decide whether or not to take up a matter suo motu.
Previously, this was solely the prerogative of the CJP. Additionally, it adds to the review jurisdiction of the top court, giving the right to file an appeal within 30 days of the judgement in suo motu cases.
The law was seen by the petitioners as an attempt by the government to curtail the chief justice’s powers.
Today, the information minister said the president had signed off on changes to the law, following the federal cabinet’s approval of the ordinance, to “serve the public interest and enhance the transparency of the judicial process”, according to Radio Pakistan.
Elaborating on the changes in the ordinance, Tarar said the first case to land in the court would be heard first.
He stated that the right to appeal was also granted for any judgment to be passed by the apex court in a case under Article 184(3).
Article 184(3) of the Constitution sets out the apex court’s original jurisdiction and enables it to assume jurisdiction in matters involving a question of “public importance” concerning the “enforcement of any of the fundamental rights” of Pakistan’s citizens.
The information minister said that a transcript of the proceedings for each case would also be prepared and made publicly available, bringing “more transparency in the judicial process”, the report added.
He said a committee was set up under the Practice and Procedure Act headed by the CJP, senior puisne judge and the third senior judge as its members but under the ordinance, the CJP will head the committee whereas the other two members would be the senior puisne judge, currently Justice Mansoor Ali Shah, and any other third apex court judge.
“The CJP will nominate one of the judges of the Supreme Court as a member of this committee from time to time,” Tarar added.
He said cases were delayed due to the non-availability of the third member of the committee in Islamabad.
Tarar said that a petition regarding the review of the case regarding the apex court’s interpretation of Article 63-A was pending to date. He remarked that some decision should have come regarding the revision of the case 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.
According to the ordinance, a copy of which is available with Dawn.com, the Supreme Court committee responsible for bench formation would now constitute the CJP, senior puisne judge, and any other apex court justice nominated by the CJP from time to time instead of the third most senior judge, currently Justice Munib Akhtar.
Justice Akhtar was part of the majority apex court bench that in July declared the PTI eligible to receive reserved seats for women and non-Muslims in the national and provincial assemblies, giving it a new lease on life in the legislature by declaring it to be a parliamentary party. He and Justice Mansoor Ali Shah also decided that the PML-N’s petition to recall the July 12 short order in the reserved seats case would be addressed after the summer recess to ensure the availability of all 13 judges involved in the original ruling at the principal seat in Islamabad.
The minutes of the 17th meeting of the committee, held on July 18, suggested that CJP Qazi Faez Isa dissented from the majority opinion held by the two judges.
Regarding suo motu notices, the ordinance said the bench hearing such matters would have to “decide and identify through a reasoned and speaking order the question of public importance involved in the matter and the fundamental right which is sought to be enforced”.
Regarding applications for fixation of urgent matters, the ordinance said: “Unless transparent criteria are already mentioned or the applicable law requires a decision within a stipulated time, every cause, matter or appeal in the Supreme Court shall be heard at its turn based on first in, first out, that is to say, the cases filed first shall be heard first. Any bench hearing a case out of its turn shall record its reasons for doing so.”
Later in the day, an order from the Supreme Court office, a copy of which is available with Dawn.com, said CJP Isa nominated Justice Aminuddin Khan as the third member of the committee deciding bench formation following the changes brought on by the SC (Practice and Procedure) Amendment Ordinance 2024 — replacing Justice Akhtar in the role as the third member.
Justice Aminuddin Khan was part of the minority view with Justice Naeem Akhtar Afghan who had rejected the appeals by the Sunni Ittehad Council in the reserved seats case and denied the allotment of the seats.