ISLAMABAD: Information Minister AttaullahTararsaid that President Asif Ali Zardari has signed off on the Supreme Court (Practice and Procedure) Amendment Ordinance 2024 that amended the law to clip the top judge’s powers of bench formation, state-run Radio Pakistan reported.
In October 2023, the Supreme Court had upheld the SC (Practice & Procedure) Act, 2023 which was formulated to regulate the affairs of the top court.
The law, which was passed by parliament in April 2023, states that a three-member bench, comprising the chief justice of Pakistan (CJP) and the two senior-most judges of the apex court, will decide whether or not to take up a matter suomotu.
Previously, this was solely the prerogative of the CJP. Additionally, it adds to the review jurisdiction of the top court, giving the right to file an appeal within 30 days of the judgement in suomotu cases. The law was seen by the petitioners as an attempt by the government to curtail the chief justice’s powers.
The information minister said the president had signed off on changes to the law, following the federal cabinet’s approval of the ordinance, to “serve the public interest and enhance the transparency of the judicial process”, according to Radio Pakistan.
Elaborating on the changes in the ordinance, Tarar said the first case to land in the court would be heard first. He stated that the right to appeal was also granted for any judgment to be passed by the apex court in a case under Article 184(3).
Article 184(3) of the Constitution sets out the apex court’s original jurisdiction and enables it to assume jurisdiction in matters involving a question of “public importance” concerning the “enforcement of any of the fundamental rights” of Pakistan’s citizens.
The information minister said that a transcript of the proceedings for each case would also be prepared and made publicly available, bringing “more transparency in the judicial process”, the report added.
He said a committee was set up under the Practice and Procedure Act headed by the CJP, senior puisne judge and the third senior judge as its members but under the ordinance, the CJP will head the committee whereas the other two members would be the senior puisne judge, currently Justice Mansoor Ali Shah, and any other third apex court judge.
