The Supreme Court (SC) of Pakistan has paused its hearing on petitions challenging the Supreme Court (Practice and Procedure) Act 2023. This Act requires a committee of three senior judges to form benches on constitutional matters of public importance. The hearing, which was broadcast live on television, involves all 15 judges of the top court. After hearing arguments from two lawyers, the court decided to take a short break and resume the hearing in the afternoon.
Chief Justice of Pakistan (CJP) Qazi Faez Isa, whose term ends in October 2024, formed a full court to address the petitions challenging the legislation. The bench, headed by CJP Isa, consists of 13 other judges. The federal government, before the hearing began, requested the court to dismiss the pleas against the law.
The law, enacted by the previous government, aims to limit the powers of the CJP and requires a three-member bench to decide whether to take suo motu notice on a matter. Previously, this power solely belonged to the CJP. The law also provides the right to file an appeal within 30 days in suo motu cases. The enforcement of this law was suspended by the SC in April.
In the ongoing hearing, lawyers argued the legality of the law and its impact on the judiciary’s independence. The court questioned whether the law granted unaccountable powers to select judges and discussed the balance between constitutionally assigned roles of different branches of the government. The lawyers argued that the law is unconstitutional as it goes against the principles of separation of powers.
The hearing will resume in the afternoon, and the Supreme Court will ultimately decide whether to uphold or strike down the law.
Meanwhile, Justice Isa, who took office as the new CJP, refused to receive a guard of honour upon his arrival at the Supreme Court. He emphasized the need for cooperation from the court staff and called for the doors of the court to be open and accessible to all.