The Chief Justice of Pakistan (CJP), Qazi Faez Isa, has indicated that the Supreme Court may conclude its proceedings on a set of petitions challenging the Supreme Court (Practice and Procedure) Act 2023 today.
The law requires the formation of benches on constitutional matters of public importance by a committee of three senior judges of the court. The hearing, which has taken a break, is being streamed live on television.
In April, the Supreme Court barred the government from implementing the bill seeking to curtail the chief justice’s powers once it became a law. On his first day as chief justice, CJP Isa ordered the hearing to be live-streamed and implicitly vacated the suspension of the enforcement of the law.
The full court has asked the concerned parties to submit written replies before the next hearing. Last week, the Pakistan Muslim League-Q (PML-Q) argued that the law promotes the independence of the judiciary and the rule of law.
The government has argued that if the law is sustained, previous verdicts will be saved as closed transactions. However, if the benches are still hearing the cases, they should be reconstituted by a committee of three senior judges.
In today’s hearing, CJP Isa expressed concern about the law’s impact on the powers of the chief justice and senior judges. He emphasized the need for relevant arguments and the court’s intention to conclude the case today.
During the arguments, the lawyer emphasized that the law encroaches on the legal framework and undermines the independence of the judiciary. He also questioned the legislative competence of Parliament in making the law without a two-thirds majority.
Justice Muneeb Akhtar highlighted the question of legislative competence and the term “fraud on the constitution” when the legislature exceeds its authority. Justice Ijazul Ahsan argued that the law requires a constitutional amendment and questioned Parliament’s competence in making the law.
The CJP has indicated that today’s hearing will be the last and has urged the lawyer to be mindful of time. More updates to follow.