The federal government is preparing to bring forth a Supreme Court Practice and Procedure Amendment Ordinance 2024 in response to the need for “increased transparency in judicial processes,” according to sources.
This proposed amendment will be presented to the federal cabinet, aiming to ensure that a “transcript of every judicial action is prepared,” making court proceedings accessible to the people.
A committee is working under the Supreme Court Practice and Procedure Act 2023 to enhance the hearing of cases based on “merit.” The chief justice of Pakistan leads the committee, which has faced challenges in scheduling cases due to the unavailability of some members.
The new amendment would allow the CJP to appoint another judge to the committee in the absence of a member, thereby streamlining the process.
The Supreme Court Practice and Procedure Act 2023 is in effect and these proposed changes aim to improve the overall efficiency and transparency of the judiciary.
Last year, the apex court upheld the Parliament-approved Practice and Procedure Act which curbs the chief justice’s powers to constitute benches and take suo moto notice.
The apex court gave a majority verdict that varied when deciding about different sections of the law. While the court gave an overall 10-5 majority verdict, one of the sections was upheld by 9-6 and another by 8-7.
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 and exercise discretion in forming benches.
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.
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“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.
