ISLAMABAD – In a landmark ruling, the Supreme Court Wednesday rejected petitions filed against the Supreme Court (Practice and Procedure) Act 2023 that aims at regulating the powers of the chief justice of Pakistan.
Chief Justice Qazi Faez Isa announced the majority verdict of 10-5 after the full court wrapped up hearing on petitions filed against the law made during the PDM-led government.
The top judge ruled the act as lawful as he had been expressed his intention in previous hearings when he had remarked that the parliament made the law with good intent.
Justice Mazahar Naqvi, Justice Ayesha A Malik, Justice Ijazul Ahsan, Justice Munib Akhtar and Justice Shahid Waheed opposed the law, saying the parliament could not make rules of the Supreme Court as it will hit the independence of the judiciary.
Earlier in the day, the Supreme Court reserved the verdict on the pleas challenging the SC (Practice and Procedure) Act 2023 law that aims at curbing the power of chief justice of Pakistan.
The full court headed by Chief Justice of Pakistan (CJP) Qazi Faez Isa and consisting of Justice Sardar Tariq Masood, Justice Ijaz Ul Ahsan, Justice Syed Mansoor Ali Shah, Justice Munib Akhtar, Justice Yahya Afridi, Justice Aminuddin Khan, Justice Sayyed Mazahar Ali Akbar Naqvi, Justice Jamal Khan Mandokhel, Justice Muhammad Ali Mazhar, Justice Ayesha A Malik, Justice Athar Minallah, Justice Syed Hasan Azhar Rizvi, Justice Shahid Waheed and Justice Musarrat Hilali wrapped up the hearing on the pleas challenging the law.
During the hearing, the top judge remarked that Parliament and Supreme Court should not be pitted against each other, adding that both institutions should live and let live as they could co-exist.
Why can’t it be said that one institution made legislation for the betterment of another?” he questioned.
The petitions had been filed by various people challenging the SC (Practice and Procedure) Act 2023 — the law seeking to regulate discretionary powers of the chief justice.
All the petitioners, including the political parties, have completed their arguments, while Attorney General of Pakistan (AGP) Mansoor Usman Awan have completed their arguments in the case.
The Supreme Court Bar Association has opposed the law, while the Pakistan Bar Association has thrown weight behind it.
