Chief Justice Chaa Gaye | (Practice and Procedure) Act Live Hearing

#chiefjusticeqazifaezisa #supremecourt

A 15-member full court bench of the Supreme Court (SC) of Pakistan headed by Chief Justice Qazi Faez Isa Tuesday resumed hearing of petitions challenging Supreme Court (Practice and Procedure) Act 2023, seeking to regulate the powers of the Chief Justice of Pakistan today.

The proceedings of the case are being broadcast live by state-run PTV.

The full court bench includes CJP Isa, 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.

At the last hearing, the court had directed the parties’ lawyers to submit their written arguments by September 25. However, the federal government submitted its written submission on September 28 as Attorney General for Pakistan (AGP) Mansoor Usman Awan was out of the country

In its written arguments to the apex court, the Centre stated that the judiciary’s freedom was ensured by the SC (Practice and Procedure) Act 2023. The response requested the court to reject the petitions against the Supreme Court Practice and Procedure Act.

Pakistan Tehreek e Insaf (PTI) and others had submitted written arguments to the apex court in the said case. The hearing of the case will be broadcast live.

Khawaja Tariq Rahim, the counsel for petitioner Raja Aamer, filed the written answer on behalf of his client.

The lawyer requested the court to dismiss the said act, adding that parliament could not make changes in the judiciary’s powers.

The response detailed that the alleged interference by parliament into the powers of judiciary was against the constitutional division of powers. Parliament could not bring such changes through act in judicial power under Article 184/3, it added.

Khawaja Tariq Rahim said that the full court could itself amend the rules of 1980.

He said that lawyers and journalists could challenge a law on violation of fundamental rights, adding that high courts were not a forum to view the legislations about the top court.

The counsel for the Pakistan Muslim League (PML-Q) also filed the answer, and requested the bench to terminate the cases against the said act.

The response detailed that the said act had made the judiciary more independent, adding that parliament had introduced the legislation as per the constitution.

It said that the law had shared the authority of chief justice of Pakistan with two senior judges.

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