[🇵🇰] Supreme Court (Practice and Procedure), Bill 2023

[Ghazi52]

So according to decision:

• Chief Justice cannot take Suo Moto action by himself (upheld) ---> So all future Chief Justices of supreme courts are neutered by Army.
• Chief Justice alone can no longer form the bench of judges to hear cases - So role of Khaki judges is enhanced ---> Win for army.

- The section about granting Nawaz Sharif appeals in Previous Suo Moto decision is repealed --> to make sure that PML(N) plays by Army's playbook.

 

[Ghazi52]

 

[Ghazi52]

Justice Shah questions changes to practice and procedure law​

• Calls the restructuring of the committee as unnecessary

BR
September 23, 2024

Supreme Court judge Justice Mansoor Ali Shah wrote to the SC Practice and Procedure Committee on Monday stating that he cannot participate until the full court ordinance is reviewed.

According to Justice Shah, the previous committee could have continued its work after the ordinance was issued.

He described the immediate restructuring of the committee as unnecessary and the inclusion of a preferred member as undemocratic and an “one-man show.”

Justice Shah also questioned the “lack of explanation” for the removal of Justice Munib Akhtar from the committee.

Justice Shah was not able to attend the meeting of the judges committee in Islamabad today. As a result of the judge’s absence, the meeting was adjourned early.

It was the first session after the federal government promulgated an ordinance to amend the Supreme Court (Practice and Procedure) Act 2023.

CJP Isa was supposed to preside over the meeting, which was held to decide the formation of benches for the cases to be heard next week.

Chief Justice Qazi Faez Isa nominated Justice Aminuddin Khan, who is at No 4 in seniority list of the Supreme Court judges, as the third member of the Committee constituted under the SC Practice and Procedure Act, 2023.

The federal government last week enacted the Supreme Court (Practice and Procedure) Amendment Ordinance, 2024, introducing a few changes in the Act 2023.

The changes have been made to the three-member judges’ committee of the apex court which decides on the formation of the SC benches and cases related to human rights.

Earlier, the committee comprised the chief justice and two senior-most judges of the Supreme Court, but the ordinance now allows the chief justice to nominate one member of the committee, from time to time.

A notification was also issued by the top court’s Registrar’s Office in this regard which stated that the senior puisne judge — Justice Mansoor Ali Shah — was also among members of the three-member committee. The sources said that the meeting of the judges’ committee is expected on Monday (September 23).