ISLAMABAD: In a groundbreaking move, Pakistan's Supreme Court, under the leadership of Chief Justice Qazi Faez Isa, is now live telecasting proceedings for the first time in the nation's history. This momentous occasion involves the review of petitions consolidated against the Supreme Court (Practice and Procedure) Act, 2023, a law introduced by the previous coalition government.
On his very first working day, Chief Justice Qazi Faez Isa is presiding over a full court bench consisting of 15 judges, which includes eminent names like Justice Sardar Tariq Masood, Justice Ijazul Ahsan, and Justice Athar Minallah, among others.
Prior to this historic event, Justice Isa, shortly after assuming office as Chief Justice, approved the formation of a full court to address the appeals against the SC Practice and Procedure Act.
The federal government has strongly argued for the dismissal of petitions against the Act, contending that they are inadmissible as challenges to parliamentary acts. The government's stance is rooted in Article 191 of the Constitution, which grants parliament the authority to legislate, emphasizing that the Act in question does not infringe upon the independence of the judiciary or withdraw any powers from the Supreme Court.
As the hearing began, legal arguments were presented, and questions were raised regarding the Act's impact on the chief justice's powers, the right to appeal, and the relationship between parliamentary rules and the Constitution. Chief Justice Isa, emphasizing the constitutional aspect, pointed out the significance of Article 189, which underscores the binding nature of Supreme Court decisions on all other courts in Pakistan.
Justice Minallah asserted that Parliament had not compromised the chief justice's discretionary authority but had merely designated three judges from within the Supreme Court to participate in the process. He also highlighted that the Act introduces a right of appeal.
Advocate Imtiaz Rashid Siddiqui, addressing the core issue, argued that the entire Act was unconstitutional as it fell outside Parliament's legislative purview. The court, however, probed Siddiqui to clarify whether Parliament had the authority to legislate on this matter and to distinguish between the status of Supreme Court rules and parliamentary legislation.
This historic hearing signifies a significant step toward transparency and openness in Pakistan's judicial system.
