ISLAMABAD – Supreme Court of Pakistan upheld the parliament-approved Practice and Procedure Act that curtailed the top judge’s powers to form benches and take suo moto notice.
The full bench of the country’s apex court announced a majority verdict that varied when deciding about different sections of the law. It was 10-5 majority verdict, one of the sections was upheld by 9-6 and another by 8-7, and it comes with several dissenting notes from Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Mazahar Naqvi, Justice Ayesha Malik, and Justice Shahid Waheed.
Chief Justice Qazi Faez Isa announced the verdict after days-long hearing, and it holds special status, being first in the judicial history to be aired on national TV.
In the verdict, the 15-member bench turned down the section about retrospective application of the law by 8-7. CJP
The order stated “The Attorney-General for Pakistan has concluded his submissions in support of the constitutionality of the Supreme Court (Practice and Procedure) Act, 2023 (‘the Act’). Learned Mr. Hassan Irfan Khan for the petitioner in Constitution Petition No. 19/2023, learned Mr. Muhammad Ikram Ch. for the petitioner in Constitution Petition No. 20/2023 and learned Mr. Abid S. Zuberi, President of the Supreme Court Bar Association (‘SCBA’) exercised their right of reply and were heard.
It mentioned that petitions were heard by the Full Court on 18 September, 3, 9, 10 October 2023 and are today disposed of in terms of the Order of the Court.
For reasons to be recorded later these petitions are decided as under:
- Subject to paras 2 and 3 below, by a majority of 10 to 5 (Justice Ijaz ul Ahsan, Justice Munib Akhtar, Justice Sayyed Mazahar Ali Akbar Naqvi, Justice Ayesha A. Malik and Justice Shahid Waheed dissenting) the Supreme Court (Practice and Procedure) Act, 2023 (‘the Act’) is sustained as being in accordance with the Constitution of the Islamic Republic of Pakistan (‘the Constitution’) and to this extent the petitions are
- By a majority of 9 to 6 (Justice Ijaz ul Ahsan, Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi, Justice Ayesha A. Malik and Justice Shahid Waheed dissenting) sub-section (1) of section 5 of the Act (granting a right of appeal prospectively) is declared to be in accordance with the Constitution and to this extent the petitions are
- By a majority of 8 to 7 (Chief Justice Qazi Faez Isa, Justice Sardar Tariq Masood, Justice Syed Mansoor Ali Shah, Justice Amin-ud-Din Khan, Justice Jamal Khan Mandokhail, Justice Athar Minallah and Justice Musarrat Hilali dissenting) sub-section (2) of section 5 of the Act (granting a right of appeal retrospectively) is declared to be ultra vires the Constitution and to this extent the petitions are allowed.
