The former Chief Justice of Pakistan (CJP), Umar Ata Bandial, formed an eight-judge larger bench to suspend the enforcement of the Supreme Court (Practice & Procedure) Act, 2023 on April 13.
Today, Justice Qazi Faez Isa was sworn in as the 29th Chief Justice of Pakistan, and he has promptly constituted a bench to hear the Supreme Court (Practice and Procedure) Act.
On Monday, a Supreme Court bench will conduct a hearing on the Supreme Court (Practice and Procedure) Act 2023, which requires the formation of benches on constitutional matters of public importance by a committee of three senior judges.
This legislation aims to limit the powers of the Chief Justice of Pakistan to take suo motu notice and to constitute benches on his own. Instead, it grants the power of taking suo motu notice to a three-member committee consisting of the Chief Justice and the two most senior judges of the court.
In addition, this act aims to ensure transparent proceedings in the apex court and includes the right to appeal.
The act was passed by the PDM government in a joint session of parliament on April 10, after President Arif Alvi returned the bill.
Former Law Minister Azam Nazeer Tarar announced that the bill, aimed at curbing the chief justice’s powers to take suo motu notice individually, became law on April 20.
However, an eight-member larger bench of the Supreme Court ordered on April 13 that the bill should not be acted upon in any manner, even if it received the assent of the president, until further order.