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SC full court resumes hearing on law curtailing CJP powers

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ISLAMABAD – A full court bench of Supreme Court on Tuesday resumed hearing petitions challenging the SC (Practice and Procedure) Act.

The proceedings of the top court in the case are being broadcast live by state-run PTV.

The 15-member full court bench includes Chief Justice Qazi Faez Isa, Justice Sardar Tariq Masood, Justice Ijaz Ul 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.

At the previous hearing, the chief had questioned the several legal challenges to legislative authority of the parliament, saying there had been much debate over laws enacted by assemblies, but there was complete silence when martial laws are imposed.

Background

Earlier this year, the PDM-led government approved a law related to the powers of the chief justice in matters of public interest. It also limit the suo moto powers of the top judge.

Regarding the constitution of benches, the Act stated that every cause, matter or appeal before the apex court would be heard and disposed of by a bench constituted by a committee comprising the CJP and the two senior-most judges. It added that the decisions of the committee would be taken by a majority.

Regarding exercising the apex court’s original jurisdiction, the Act said that any matter invoking the use of Article 184(3) would first be placed before the committee.

The law was later challenged in the apex court. On April 13, an eight-member bench led by then CJP Umar Ata Bandial stayed the implementation of the law, taking preemptive measures.

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