The Supreme Court of Pakistan (SCP), led by Chief Justice Qazi Faez Isa, resumed hearing 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.
The SCP had previously suspended the implementation of the Act, but CJP Isa implicitly vacated the suspension when he assumed charge as the chief justice. The SCP has asked the parties concerned to submit written replies before the next hearing.
The Pakistan Muslim League-Q (PML-Q) has argued that the Act is aimed at promoting the independence of judiciary, the rule of law, and the right to access to justice and fair trial. The government has argued that if the Act is sustained, verdicts handed down by benches constituted before enactment of the law would be saved as past and closed transactions.
At the outset of today's hearing, CJP Isa said that the law affects the chief justice and the two senior most judges of the apex court. He said that on one hand, the CJP's powers are being reduced, and on the other, the same powers are being distributed among senior judges. He said that the law would also apply to future chief justices and senior judges of the apex court.
CJP Isa urged the lawyers to talk about points that were relevant to the case, as he wanted to try to conclude the case today. He said that if the lawyers wished to make additional arguments, they could submit a detailed response to the court.
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