A full court meeting comprising all 15 judges of the Supreme Court (SC) is currently under way ahead of hearing a set of petitions challenging the Supreme Court (Practice and Procedure) Act 2023. A full court bench is scheduled to take up a set of pleas challenging the legislation, which was suspended by the SC earlier in April, which requires formation of benches on constitutional matters of public importance by a committee of three senior judges of the court. Headed by Chief Justice of Pakistan (CJP) Qazi Faez Isa, the bench will consist 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. The previous government of PDM had enacted the Supreme Court (Practice and Procedure) Bill 2023, aimed at limiting the powers of the top judge. The legislation deprives the office of the CJP of powers to take suo motu notice in an individual capacity.

The law states that a three-member bench, comprising the 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. Additionally, it adds to the review jurisdiction of Supreme Court, giving the right to file an appeal within 30 days of the judgement in suo motu cases. On April 13, an eight-judge SC bench headed by former CJP Umar Ata Bandial, had suspended the enforcement of the Supreme Court (Practice & Procedure) Act, 2023.

 
Credit: Independent News Pakistan (INP)