The Chief Justice of Pakistan, Justice Qazi Faez Isa, has raised concerns about how the Supreme Court (Practice and Procedure) Act 2023 could potentially diminish the powers of the apex court. The remarks were made during a hearing of pleas against the law, which requires the formation of benches on constitutional matters of public importance by a committee of three senior judges of the court. The full court hearing was streamed live on television and is set to continue in the coming days.
The bench, headed by Chief Justice Isa, is composed of several senior judges, including Justice Tariq Masood, Justice Ijazul Ahsan, Justice Syed Mansoor Ali Shah, and Justice Yahya Afridi. The Supreme Court had previously barred the government from implementing the law, seeking to limit the powers of the chief justice of Pakistan, earlier this year.
During the hearing, the chief justice expressed his intention to try and conclude the case within the day to address the backlog of pending cases. Lawyers representing various parties presented their arguments, focusing on how the law affects the independence of the judiciary and whether Parliament has the authority to legislate on matters related to access to justice.
The government argued that if the law is sustained, verdicts issued by benches constituted before the enactment of the law would be saved as past and closed transactions. On the other hand, the lawyers representing the petitioners contended that the law infringes on the constitutional powers of the Supreme Court and diminishes the role of the chief justice.
Throughout the hearing, the judges raised questions regarding legislative competence and the constitutionality of the law. They also sought clarification on whether the law infringed on the right of access to justice and the constitutional mandate of the Supreme Court.
It remains to be seen how the court will decide on the issue and what implications it may have for the powers of the Supreme Court in Pakistan.