Petitions challenging SC Practice and Procedure Act dismissed

ISLAMABAD: The Supreme Court on Wednesday retained the major and key part of the Practice and Procedure Act 2023 with 10:5 majority but struck down the section related to the retrospective implementation of the new law.

Earlier in the day, the Attorney General Mansoor Usman Awan submitted his reply after which the court reserved its judgement.

Later, Chief Justice Qazi Faez Isa announced the short order which stated that the full court with a 10:5 verdict had retained the Act that mainly curtailed the power of the chief justice and instead assigned it to the CJ along with two senior most judges.

The CJ said, “a majority of 10-5 (Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Mazahar Ali Akbar Naqvi, Justice Ayesha A. Malik and Justice Shahid Waheed dissenting), the SC Practice and Procedure Act 2023 is sustained as being in accordance with the Constitution of the Islamic Republic of Pakistan and to this extent, the petitions are dismissed”.

The verdict added: “By a majority of 8-7 (CJP 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.” 

Under the new Act, the CJ and the two senior most judges will form benches for hearing cases related to constitutional and suo motu cases.

The Supreme Court dismissed the petitions challenging the Act.

The petitioners were of the view that the new law enacted by the previous PDM government was a bid to curtail the power of the chief justice and encroach on the jurisdiction of the apex court.

Headed by Chief Justice Qazi Faez Isa, the full court consisted of Justice Sardar Tariq Masood, Justice Ijazul 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.