ISLAMABAD: On Friday, President Asif Ali Zardari gave his assent to the Supreme Court Practice and Procedure Amendment Ordinance 2024, just hours after it was approved by the federal cabinet, which was led by Prime Minister Shehbaz Sharif.
The ordinance was passed through a “circulation” process by the cabinet after being submitted by the Ministry of Law on Thursday night.
The ordinance highlights the importance of fundamental human rights and matters of public significance, stipulating that cases will be addressed by the court bench accordingly.
It also mandates that each case will be heard in sequence unless there is a valid reason for prioritizing a particular case. Additionally, every case and appeal will be recorded, with transcripts made available to the public.
Sources revealed that the ordinance grants additional powers to the Chief Justice of Pakistan (CJP), including the ability to assign cases and nominate judges to committees. In the event that a council part is inaccessible, the CJP can choose another adjudicator.
Under the Training and Method Act, seats are comprised by a three-part board, which incorporates the main equity, the most senior adjudicator, and an adjudicator selected by the CJP. The new alteration to Area 2, Sub-statement 1 of the Demonstration, frames that this board will set the conference plan for cases.
Besides, the law acquaints changes with Area 3 of the Demonstration.
Background on the Supreme Court (Practice and Procedure) Act 2023
The Pakistan Democratic Movement (PDM) enacted the Supreme Court (Practice and Procedure) Act 2023 towards the end of its government, aiming to regulate the powers of the chief justice. However, even before the law came into effect on April 21, 2023, an eight-member bench led by then-CJP Umar Ata Bandial issued a stay on April 13, 2023.
The law proposed that the power to take suo motu notice be vested in a three-member committee of senior judges, including the chief justice. It sought to ensure transparent proceedings in the Supreme Court, with provisions for a right to appeal.
The law also outlined that any case, matter, or appeal would be heard by a bench formed by the committee comprising the CJP and the two most senior judges. Decisions of the committee would be made by a majority.
For cases requiring interpretation of the Constitution, the Act specified that the committee should assemble a bench of no fewer than five Supreme Court judges.
In cases where a bench exercised jurisdiction under Article 184(3), the law stated that an appeal could be filed within 30 days, which would then be heard by a larger bench within 14 days.
The law also gave individuals the right to choose their legal counsel when filing review applications under Article 188 of the Constitution. It further required that applications requesting urgent or interim relief be scheduled for hearing within 14 days of their filing.
Although the Act included a provision allowing retrospective appeals for those affected by orders issued under Article 184(3) prior to its implementation, this provision was later struck down by the court.
