A momentous occasion took place in Pakistan as the Supreme Court commenced live streaming the hearing of a set of petitions challenging the Supreme Court (Practice and Procedure) Act 2023. The act requires the formation of benches on constitutional matters of public importance by a committee of three senior judges of the court. This landmark event coincided with Chief Justice of Pakistan (CJP) Justice Qazi Faez Isa’s first day in office, who promptly called for a full court meeting prior to the hearing.
Shortly after taking oath, CJP Isa formed a full court to address the petitions against the legislation. The bench, led by CJP Isa, comprises 14 esteemed judges. The legislation had previously been suspended by the Supreme Court under former CJP Umar Ata Bandial in April. Its implementation would significantly impact the formation of benches on constitutional matters.
Prior to the commencement of the hearing, the federal government requested the court to dismiss the petitions challenging the law. Attorney General for Pakistan (AGP) Mansoor Usman Awan submitted a detailed response, arguing that the petitions were inadmissible since they challenged an act of Parliament.
During the hearing, the lawyers presenting the petitions had the opportunity to make their arguments. Justice Isa reminded them that some judges were already familiar with the case, while others were hearing it for the first time. He explained that due to the retirement of one of the bench members, the court needed to reconstitute the bench. CJP Isa proposed forming a full court to address the matter.
One of the lawyers, Advocate Khawaja Tariq Rahim, initiated the arguments by addressing a concern about the potential impact of upholding the law on a specific section. However, Justice Isa redirected the lawyer’s attention to focus on the petition and proceed with the arguments. Throughout the hearing, the judges asked questions and sought clarification, ensuring a thorough examination of the case.
The legislation under scrutiny limits the powers of the Chief Justice of Pakistan and modifies the procedure for taking suo motu notices. Additionally, it expands the Supreme Court’s review jurisdiction and establishes a three-member bench to decide whether to hear a matter suo motu. The law aims to ensure greater accountability and consistency in decision-making.
The full court hearing represents a moment of significant importance for Pakistan’s judiciary, as it exemplifies transparency and accessibility to the public. The live streaming of proceedings and the thorough examination of the case demonstrate a commitment to justice and fairness.
In addition to the hearing, CJP Isa refused to receive a guard of honor on his first day in office. Instead, he expressed gratitude to the staff and emphasized the need for cooperation and open doors for all visitors to the Supreme Court. His approach exemplifies humility and a genuine concern for the people’s welfare.