A full court would hear an application against the Supreme Court (Practice and Procedure) Act 2023 — a bill that required the formation of benches on constitutional matters of public importance by a committee of three senior judges — on Monday (tomorrow), according to the cause list issued on Sunday. Newly sworn in Chief Justice of Pakistan Qazi Faez Isa would preside over the larger bench.
The top judge took the decision after taking oath as the 29th CJP of Pakistan.
The full court comprises CJP Isa, 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 Mandokhail, Justice Muhammad Ali Mazhar, Justice Ayesha A Malik, Justice Athar Minallah, Justice Syed Hasan Azhar Rizvi, Justice Shahid Waheed, and Justice Musarrat Hilali.
An eight-judge bench headed by the outgoing CJP suspended the enforcement of the Supreme Court (Practice & Procedure) Act, 2023, on April 13.
A Justice Isa-led commission in a statement had earlier contended the formation of a bench that was hearing a set of six challenges against the probe body formed to look into the audio leaks against the backdrop of the suspended act.
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Justice Isa decided not to sit on a nine-judge bench hearing cases on the trial of civilians by the military courts on June 3.
On March 30, the Senate passed the Supreme Court (Practice and Procedure) Bill 2023. The bill was aimed at clipping powers of the office of the CJP to take suo motu notice in an individual capacity.
While mentioning the constitution of benches, the bill 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, in order of seniority. The decisions of the committee would be taken by a majority, it added.
The bill said that any matter invoking the use of Article 184(3) of the Constitution would first be placed before the abovementioned committee.
“Without prejudice to the provisions of Article 199, the Supreme Court shall, if it considers that a question of public importance with reference to the enforcement of any of the Fundamental Rights conferred by Chapter I of Part II is involved have the power to make an order of the nature mentioned in the said Article,” states Article 184(3) that pertains to the Original Jurisdiction of Supreme Court.
“If the committee is of the view that a question of public importance with reference to enforcement of any of the fundamental rights conferred by Chapter I of Part II of the Constitution is involved, it shall constitute a bench comprising not less than three judges of the Supreme Court of Pakistan which may also include the members of the committee, for adjudication of the matter,” the bill read.
