The Chief Justice of Pakistan (CJP) Qazi Faez Isa has adjourned the hearing of petitions challenging the Supreme Court (Practice and Procedure) Act, 2023, till October 3.
A full bench headed by Chief Justice Qazi Faez Isa was hearing a petition challenging the Supreme Court (Practice and Procedure) Act, 2023 – a law introduced by the former union government.
CJP Qazi Faez Isa, during the hearing of the proceedings against the Supreme Court (Act and Procedure) Act of 2023, which was broadcast live for the first time in the history of the country, explained that he listened to the arguments of the AGP in the case.
The chief justice added that the AGP has to leave for Vienna regarding the Indus Water Treaty. AGP and other lawyers sought time to answer the questions raised by the bench.
The Chief Justice said that he would constitute the bench after consulting two senior SC judges including Justice Sardar Tariq and Justice Ijazul Ahsan. He instructed the lawyers and all parties in the case to submit their answers and arguments by September 25.
CJP Qazi Faez Isa said that they approved all the petitions regarding the full court. He asked his fellow judges to form small benches. Later, the Chief Justice adjourned the case till October 3.
Read more: CJP Isa appoints Jazeela Aslam as first ever woman registrar of Supreme Court
Full court cases
Earlier, the Supreme Court ruled that the full court proceedings on a set of petitions challenging the Supreme Court (Practice and Procedure) Act, 2023 would be shown live.
The decision was taken in a full court meeting presided over by CJP Judge Qazi Faez Isa.
The full bench was constituted by the newly appointed Chief Justice of Pakistan Qazi Faez Isa and comprises 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 Shahid Waheed and Justice Musarrat Hilali.
Following those decisions, PTV cameras were placed in the courtroom for live broadcasting of the case.
Four cameras are also installed in the visitors gallery and one is installed for the lawyers’ platform in front of the judges’ dock.
Hearing
At the beginning of the hearing of the case, the Supreme Court accepted all requests for the creation of a full court to hear the case. CJP Qazi Faez Isa said there were three petitions for the constitution of a full court and the best solution to deal with this important issue.
The federal government in its response submitted to the SC, asked the high court to dismiss all the petitions challenging the SC Practice and Procedure Act. “Complaints against the law passed by the Parliament are not accepted.”
Parliament has the right to make laws under Article 191 of the Constitution of Pakistan, the government’s written reply was read, adding that no one can prevent Parliament from making laws.
The petitioner’s lawyer, Khawaja Tariq Rahim in his arguments said Parliament cannot interfere in SC matters. To this, the CJP said, “Whatever you say is not mentioned in the act.”
Khawaja sahab! don’t go back there, read the act you have opposed, CJP Isa asked.
Judge Athar Minallah said to Khawaja sahab do you prefer to give all power to one person? Whatever happened in the past, do you want it to continue? he added.
During the hearing of the case, the CJP advised Khawaja Tariq Rahim not to answer the questions suddenly asked by him and his fellow judges. “I am trying to make your life easier, write the questions and answer them in detail,” the chief justice said and added that you can give written answers as well.
“Do you want to make the CJP unaccountable,” CJP Isa asked the petitioner.
Further, the CJP slammed advocate Rahim for referring to his “personal opinion” during arguments and asked him to stick to the law.
“What is this ‘personal opinion’, please talk about the law,” CJP Qazi Faez Isa said.
He further asked: “Whose right can be taken away by this law?”
“6.5 billion dollars was lost due to the court’s decision in the case of Reko Diq. As the chief judge, I do not want such authority,” he said.
Judge Muneeb Akhtar asked the question that if there was an administrative authority, did the parliament cancel the judicial authority?
Justice Musarat Hilali asked if the CJP’s powers have been limited by this law. Justice Mandokhel asked whether the powers of the chief justice have been removed and the powers of the Supreme Court have been curtailed.
Justice Athar Minallah asked Khawaja Rahim if he agreed that the chief justice was in charge of the list.
Read more: CJP Qazi Faez Isa asks judicial staff to serve justice seekers
CJP was welcomed after his arrival in SC
Earlier, Chief Justice of Pakistan (CJP) Justice Qazi Faez Isa received a warm welcome from the staff on his arrival at the Supreme Court.
Justice Qazi Faez Isa was sworn in as the 29th CJP in a ceremony held at the Presidential Palace on Sunday.
In his interactions with the SC registrar and other court staff, CJP Qazi Faez Isa asked them to serve the citizens who come to the court fairly.
Law
The Act limits the power of the Chief Justice of Pakistan to take suo motu notice and constitute benches on his own. It provides power to send suo motu notice to a three-member committee comprising the chief justice and two senior judges of the court.
The law also aims to have transparent proceedings in the high court and includes the right to appeal.
The PDM government on April 10 passed the bill in a joint session of parliament after President Arif Alvi returned the bill.
