Supreme Court upholds Practice & Procedure Act 2023

The Supreme Court (SC) has issued a verdict in favour of the SC (Practice and Procedure) Act, 2023, dismissing petitions challenging its validity.

Headed by Chief Justice Qazi Faez Isa, the SC full bench consisted of Justice Sardar Tariq Masood, Justice Ahsan, Justice Syed Mansoor Ali Shah, Justice Akhtar, Justice Yahya Afridi, Justice Aminuddin Khan, Justice Naqvi, Justice Jamal Khan Mandokhel, Justice Mazhar, Justice Ayesha, Justice Athar Minallah, Justice Rizvi, Justice Waheed and Justice Musarrat Hilali.

The decision was upheld by 10-5 majority.

While reading out the order, CJP Isa noted that five members of the full court bench — Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Sayyed Mazahir Ali Akbar Naqvi, Justice Ayesha A Malik, and Justice Shahid Waheed — had opposed the law.

The decision on the SC (Practice and Procedure) Act, 2023, case was delivered after the completion of all arguments. Attorney General Mansoor Awan presented a comprehensive case in favor of the act, leading to the full court’s decision in support of the legislation.

The SC (Practice and Procedure) Act, 2023, has been a subject of considerable debate and legal scrutiny, with various petitions seeking its annulment. However, the apex court has preserved the Act, emphasising its continued relevance in the legal system.

However, by an 8-7 decision, the majority of judges have decided against the provision of law wherein retrospective right of appeal was given in the Act.

The Supreme Court (Practice & Procedure) Act, 2023, which has been at the centre of legal debate and judicial proceedings, introduced several crucial provisions, reshaping the functioning of the Supreme Court of Pakistan:

1. Sou Motu Notice: The Act granted the power of taking suo motu notice to a three-member committee, consisting of senior judges, including the Chief Justice. This provision aimed to facilitate the initiation of legal proceedings in the apex court and ensure transparency. It also included the right to appeal.
2. Constitution of Benches: According to the Act, every case, matter, or appeal brought before the Supreme Court would be heard and decided by a bench formed by a committee comprising the Chief Justice and the two most senior judges. Decisions of the committee would be made by a majority vote.
3. Original Jurisdiction: When exercising the apex court’s original jurisdiction, the Act mandated that any matter invoking the use of Article 184(3) must first be presented before the committee.
4. Interpretation of the Constitution: In cases where the interpretation of the Constitution was necessary, the Act stipulated that the committee would assemble a bench consisting of no fewer than five Supreme Court judges.
5. Right to Appeal: In instances where a decision was made by a Supreme Court bench exercising Article 184(3) jurisdiction, the Act allowed for an appeal to be filed within 30 days of the bench’s order. This appeal would be scheduled for a hearing within a period not exceeding 14 days.
6. Retrospective Right of Appeal: The Act also extended the right of appeal retrospectively to individuals who had been affected by an order made under Article 184(3) before the commencement of the SC (Practice and Procedure) Act, 2023, provided that the appeal was filed within 30 days of the Act’s implementation.
7. Choice of Counsel: Parties involved in legal proceedings were granted the right to select their counsel for filing a review application under Article 188 of the Constitution.
8. Urgency and Interim Relief: The Act outlined that any application claiming urgency or seeking interim relief in a case, appeal, or matter would be scheduled for a hearing within 14 days from the date of filing.