The Chief Justice of Pakistan, Qazi Faez Isa, has announced that a three-member committee consisting of himself and the two most senior judges will now be responsible for deciding bench formations in the Supreme Court. This decision comes as the apex court begins hearing a series of petitions challenging the newly implemented Supreme Court (Practice and Procedure) Act 2023.
The Act requires that benches on constitutional matters of public importance are formed by a committee of three senior judges of the court. In anticipation of this legislation, the Supreme Court had previously prohibited the government from implementing the bill that sought to limit the powers of the Chief Justice of Pakistan once it became law.
The hearing, which took place in a televised broadcast, saw all 15 judges of the top court presiding over the case. After hearing arguments from two lawyers and the Attorney General for Pakistan, the court adjourned the hearing to October 3, with Chief Justice Isa directing the lawyers to submit their written arguments by September 25.
In his order, Chief Justice Isa stated, “In view of the challenge thrown to the Supreme Court (Practice and Procedure) Act 2023 and as the matter is pending adjudication, we will be consulting with two senior colleagues with regard to the constitution of benches.” Senior judges Justice Sardar Tariq Masood and Justice Ijazul Ahsan agreed with this decision.
The Chief Justice had formed a full court to handle the petitions challenging the legislation shortly after taking office. This bench, led by Chief Justice Isa, consists of Justice Masood, Justice Ahsan, and 12 other judges.
Before the hearing commenced, the federal government urged the Supreme Court to dismiss the pleas challenging the law. In their response, the Attorney General argued that petitions challenging an act of Parliament were inadmissible.
During the hearing, Advocate Khawaja Tariq Rahim, one of the lawyers arguing the case, began his arguments by discussing the issue of Section 5 of the law and its potential impact. However, Chief Justice Isa urged him to focus on the specific petition and its arguments.
The argument centered around whether Parliament had the authority to legislate on matters that fall under the jurisdiction of the Supreme Court. The lawyer argued that the law infringed on the domain of the judiciary and violated the separation of powers. The judges asked for clarification on the violation of fundamental rights and the independence of the judiciary.
The Attorney General, Mansoor Usman Awan, then presented arguments on the maintainability of the pleas, stating that the petitions failed to meet the criteria under Article 184(3) of the Constitution related to matters of public importance and the enforcement of fundamental rights.
The Supreme Court (Practice and Procedure) Act 2023, enacted by the previous government, aimed to limit the powers of the Chief Justice by necessitating the formation of a three-member bench to decide whether to take up a matter suo motu. The law also introduced a right to appeal within 30 days of a judgment in suo motu cases.
In April, an eight-judge bench, led by former Chief Justice Umar Ata Bandial, suspended the enforcement of the Act, stating that the court needed to examine if any constitutional deviation had occurred during the enactment of the legislation.
The verdict on the pleas challenging the law is expected to have significant implications for the powers of the Chief Justice of Pakistan and the independence of the judiciary. A further hearing is scheduled for October 3.