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Tuesday, November 12, 2024  
09 Jumada Al-Awwal 1446  

Justice Munib excluded from committee after amendment to SC practice law

President Asif Ali signs off on Supreme Court (Practice and Procedure) Amendment Ordinance 2024
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Chief Justice of Pakistan Qazi Faez Isa has appointed Justice Amin-Ud-Din Khan to the judges’ committee, replacing Justice Munib Akhtar, after President Asif Ali signed off on the Supreme Court (Practice and Procedure) Amendment Ordinance 2024 that amended the law to clip the top judge’s powers of bench formation.

The modifications affect the three-member committee that determines the formation of SC benches and addresses human rights cases. The amended law enhances the chief justice’s powers to appoint a judge to the committee in the absence of a member. Additionally, the ordinance grants the CJP the authority to assign cases.

A notification from the Supreme Court’s registrar’s office confirmed that Justice Mansoor Ali Shah, the senior puisne judge, is also part of the newly constituted committee.

In October 2023, the Supreme Court upheld the Supreme Court (Practice and Procedure) Act, 2023, which was designed to manage the operations of the highest court in the country.

The legislation, passed by Parliament in April 2023, stipulates that a three-member bench—including the Chief Justice of Pakistan (CJP) and the two senior-most judges of the Supreme Court—will determine whether to take up a matter suo motu.

On Friday, the information minister stated that the president approved modifications to the law after the federal cabinet endorsed the ordinance. The aim is to “serve the public interest and enhance the transparency of the judicial process,” as reported by Radio Pakistan.

Tarar stated that cases would be heard on a “first-come, first-served basis.” He also noted that the right to appeal would be granted for any judgments made by the Supreme Court in cases under Article 184(3).

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Article 184(3) of the Constitution outlines the Supreme Court’s original jurisdiction, allowing it to take on matters of “public importance” related to the enforcement of fundamental rights for citizens of Pakistan.

Additionally, the information minister mentioned that transcripts of proceedings for each case would be prepared and made publicly available, further increasing transparency in the judicial process.

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