Chief Justice of Pakistan (CJP) Qazi Faez Isa has observed that parliament passed the Supreme Court (Practice and Procedure) Act 2023 — the law seeking to regulate discretionary powers of the country’s top judge — with “good intentions”.
The CJP’s remarks came as the Supreme Court’s full court resumed hearing the petitions against the SC law on Monday. The hearing of the case is being broadcast live on state-run PTV.
During the hearing, the CJP expressed displeasure after a petitioner cited the US court’s verdict as precedent to challenge the amendments in the SC law.
CJP Isa-led full-court bench consists of 15 judges of the Supreme Court including Justice Sardar Tariq Masood, Justice Ijaz Ul 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.
After hearing today’s arguments, the CJP adjourned the hearing till 11:30am tomorrow and asked the lawyers to keep their arguments concise.
Can parliament correct CJP’s mistake?
At the outset of the hearing, the CJP told the petitioners’ counsels to conclude their arguments early as the top court wanted to conclude proceedings of the case today.
“At least cite the decision of the US Supreme Court. Our standards have stooped so low that we are now citing a verdict of a New Jersey court,” the CJP remarked after Supreme Court Bar Association President Abid Zuberi quoted a verdict to defend his objections to the law.
“This is not even a decision,” CJP Isa added.
CJP Isa asked if the parliament could correct a mistake made by the country’s top judge.
The CJP directed his question toward the Supreme Court Bar Association (SCBA) President Abid Zuberi, while he presented his arguments pertaining to one of the pleas today on behalf of the association.
“If a Supreme Court chief justice made a mistake, can the Parliament correct it or not?” CJP Isa asked.
Responding to the chief justice, Zuberi said he was just coming to Article 184 (3) and agreed that it continues to be misused.
The CJP asked Zuberi if Article 184 (3) was used in the right or wrong way in the past, responding to which he said it had been misused and there should be an appeal against it.
The chief justice said that the court is hearing the current case under the same article.
“If the Supreme Court expands the scope of Article 184 (3) in cases, it is right, but it is wrong if the Parliament does the same?” CJP Isa asked.
Justice Mandokhail asked Zuberi regarding the fundamental rights that were being affected by the law.
Justice Minallah, in the course of the hearing, remarked that the Parliament has the power to expand or restrict the apex court’s jurisdiction.
“Can Parliament not legislate for fundamental rights?” he asked, addressing the SCBA president.
Justice Ahsan remarked that the question in the case is that of authority.
“Tell me, no matter how good the law is, does the Parliament have the power to make rules for the Supreme Court?” he asked Zuberi.
In his query, Justice Minallah asked if the Supreme Court is violating the right to access to justice, can the Parliament not intervene then?
“You have failed to argue the admissibility of this case,” he said, addressing the SCBA president.
