Pakistan: Controversial law, touted as govt attempt to diminish CJI's power, 'sustained'

Pakistan's new Chief Justice Qazi Faez Isa ruled on Wednesday (Oct 11) that the Supreme Court (Practice and Procedure) Act 2023, a law that was enacted by the Pakistan Parliament to regulate the CJI's powers, is constitutional.

It was a big upset for petitioners who opposed the law, deeming it an attempt by the government to decrease the authority and powers of Pakistan's chief justice.

While delivering the verdict, CJI quipped, "Do not pit the Parliament and Supreme Court against each other," and added, "live and let live".

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While backing both legislative and judiciary arms, he asked, "Why do we see each other's institutions negatively? Why can't it be said that one institution legislated for the betterment of another?"

The law was sustained with a majority vote of 10-5.

Delivering the verdict, Pakistan's recently sworn-in CJI said, “Subject to paragraphs 2 and 3 below by a majority of 10-5 (Justice Ahsan, Justice Akhtar, Justice Naqvi, Justice Ayesha and Justice Shahid Wahid dissenting), the SC Practice and Procedure Act 2023 is sustained as being in accordance with the Constitution of the Islamic Republic of Pakistan and to this extent, the petitions are dismissed."

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Among those who opposed the law were Justice Ijazul Ahsan, Justice Muneeb Akhtar, Justice Sayyed Mazahir Ali Akbar Naqvi, and Justice Ayesha A Malik, and Justice Shahid Waheed.

What is Supreme Court (Practice and Procedure) Act 2023?

In accordance with this law, it is mandatory to form benches in constitutional matters of public importance and suo motu notices. The benches are to be formed by a committee of three senior judges from the court including chief justice, as per the Act.

The court also struck down the provision under the law which stated that the right of appeal would also extend retrospectively to those aggrieved persons against whom an order was made under Article 184(3) prior to the commencement of the Act.

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The enforcement of the SC (Practice and Procedure) Act, 2023, was previously suspended on April 13 by an eight-judge apex court bench headed by former CJP Umar Ata Bandial.

Justice Bandial said the court needs to examine if any constitutional deviations occurred during the enactment of the law, reported Dawn.

But shortly after Justice Isa took over as Pakistan's new CJI, he reinitiated the hearing of the petitions with a full court.

The proceedings of the hearing were streamed live.

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After this big development, the law is now set be effective from April 21, 2023. This coincides with the day when it was initially was enacted.

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