It is the first time in the country's history that the court proceedings are being broadcast live.
ISLAMABAD: (UrduPoint/Pakistan Point News-Sept 17th, 2023) A full court of the Supreme Court headed by Chief Justice of Pakistan Justice Qazi Faez Isa is hearing petitions challenging Supreme Court Practice and Procedure Act 2023.
It is the first time in the country's history that the court proceedings are being broadcast live.
The Supreme Court Practice and Procedure Act states that a three-member bench, comprising the Chief Justice and the two senior-most judges of the apex court, will decide whether or not to take up a suo motu notice. Previously, this was solely the prerogative of the Chief Justice.
This full court was assembled under the direction of the newly-appointed Chief Justice of Pakistan, Qazi Faez Isa.
The panel includes Justice Sardar Tariq Masood, Justice Ijazul 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.
Prior to this, a full court meeting was convened to explore the possibility of live broadcasting the proceedings and to establish guidelines for effective case hearings.
It is worth noting that instructions for live broadcasts were issued shortly after Justice Isa assumed office as the CJP.
Chief Justice Isa, who arrived at the Supreme Court without any formal protocol, emphasized the importance of treating visitors as guests and keeping the doors to justice open.
On April 13, an eight-member bench of the Supreme Court temporarily halted the enforcement of the law, which deals with the authority of the Chief Justice in matters of public interest.
During a previous hearing in June, the similarities between the Supreme Court (Review of Judgments and Orders) Act 2023, which pertains to the right of appeal in suo motu cases, and the SC Practice and Procedure Act were discussed. Attorney General for Pakistan (AGP) Mansoor Usman Awan suggested that Parliament could consider aligning the two laws, a proposal welcomed by the then-CJP, who also emphasized the importance of the Federal government involving the top court in judiciary-related legislation.
The law empowered a three-member committee of senior judges, including the Chief Justice, to initiate suo motu actions. Its aim was to ensure transparency in court proceedings and included provisions for the right to appeal.
Regarding the formation of benches, the Act specified that a committee comprising the CJP and the two senior-most judges would decide on every case, matter, or appeal presented to the apex court. Decisions of the committee would be determined by majority vote.
Concerning the exercise of the apex court's original jurisdiction, the Act mandated that any matter invoking Article 184(3) would first be submitted to the committee.
In cases requiring interpretation of the Constitution, the Act stipulated the formation of a bench with no fewer than five apex court judges.
Appeals against verdicts of an apex court bench that exercised Article 184(3) jurisdiction had to be filed within 30 days of the bench's order. Such appeals would be scheduled for a hearing within 14 days.
Additionally, the right of appeal would be retroactively extended to individuals who had been affected by an Article 184(3) order before the commencement of the SC (Practice and Procedure) Act 2023, provided that their appeals were filed within 30 days of the Act taking effect.
The Act also granted parties the right to choose their legal counsel when filing a review application under Article 188 of the Constitution. Furthermore, it mandated that applications citing urgency or seeking interim relief be scheduled for a hearing within 14 days of filing.
