ISLAMABAD – Oct 11: The Supreme Court of Pakistan (SCP);on Wednesday upheld the Practice and Procedure Act 2023. In a majority decision, 10 judges of the full bench were in favor, while 5 judges dissented the ruling.
The judges who opposed the decision the Practice and Procedure Act 2023 had strong opinion that the Shahbaz government attempt to introduce the Practice and Procedure Act 2023 was tantamount to intrusion of the executive into the domain of the top judiciary .
Recently retire chief justice of Pakistan , Omar Atta Bandial , had called the Act in question as a well planned move of the government to deprive the judiciary of its powers. He had issued more than once as a serving CJP to Shahbaz government to refrain from interfer into the independent of the judiciary . His observation cum warning did not work well and finally Mr Bandial left the top office of the judge on September 16 last.
The decision of the SCP to dismiss all petitions filed against the Procedure and Practice Act 2023 actually put an end to to one-man rule in SCP.
Earlier, a full bench of Supreme Court of Pakistan comprising 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 reserved a verdict on pleas against the Supreme Court (Practice and Procedure) Act 2023.
In a majority 10-5 decision, the apex court validated the act while dismissing all the pleas challenging the Act.
The top judges reserved judgment on petitions against the Practice and Procedure bill after Attorney General Mansoor Awan completed his arguments in defense of the law.
The Attorney General raised questions on the bench, while Chief Justice Qazi Faez Isa praised him for his patience in facing the questioning.
Chief Justice remarked an internal discussion will be held among all members of the judges, adding that verdict will be announced if there is consensus otherwise it will be reserved. Earlier in the day, 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.