President Asif Ali Zardari on Friday signed off the Supreme Court (Practice and Procedure) Amendment Ordinance 2024 that allows changes to the committee formulated to regulate the affairs of the top court, Radio Pakistan reported.
In April 2023, the PDM-led government had passed the SC (Practice & Procedure) Act, 2023 which was dubbed by the opposition parties as an attempt to “clip the top judge’s powers of bench formation.”
The bill was soon challenged in the Supreme Court, which in October 2023, declared the Act in accordance with the Constitution and dismissed the petitions filed against it.
Under the law, 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 suo motu.
Previously, this was solely the prerogative of the CJP.
The Act further gives the right to file an appeal within 30 days of the judgement in suo motu cases.
In televised remarks today, the information minister said the president had signed off on changes to the law, following the federal cabinet’s approval of the ordinance, Radio Pakistan reported.
He said under the new changes to the ordinance, the first case to land in the court would be heard first.
He stated that the right of appeal has also been granted for any judgment to be passed by the apex court in a case under Article 184(3).
“A transcript of the proceedings for each case will also be prepared and it will be available to the public,” he said, adding that the move will bring more transparency in the judicial process.
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.
“The CJP will nominate one of the judges of the Supreme Court as a member of this committee from time to time,” Tarar added.
He said cases were delayed due to the non-availability of the third member of the committee in Islamabad.
Meanwhile, Chief Justice of Pakistan Qazi Faez Isa has nominated Justice Aminuddin Khan of the apex court as the third member of the judges’ committee.
According to a notification issued on Friday by the Registrar of the Supreme Court, the Chief Justice changed the composition of the judges’ committee under Section 2 (1) of the Supreme Court (Practice and Procedure) Act, 2023 as amended by the Ordinance No VIII of 2024.
Justice Aminuddin was part of the minority view with Justice Naeem Akhtar Afghan who had rejected the appeals by the Sunni Ittehad Council in the reserved seats case and denied the allotment of the seats.
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