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Chief Justice Qazi Faez Isa VS Attorney General | Dunya News

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The Supreme Court of Pakistan today resumed hearing of pleas against the Supreme Court (Practice and Procedure) Act 2023.

The apex court hearing is being streamed live on the state TV.

The chief justice-led full bench comprises 15 judges - 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.

Advancing arguments, the Attorney General for Pakistan Mansoor Usman Awan said since inception of the constitution, no amendment had been made in Article 191 which was aimed at ensuring freedom of the judiciary.

He said authority to make legislation for law pertaining high treason and right to information act was derived from different clauses of the constitution. While enacting these laws, the parliament did not depend on Federal Legislative List only. He said right to privacy had been regulated through a law.

The attorney general said parliament had derived its authority to legislate from Article 191. Awan said no article of the constitution could withdraw legislation right from the parliament.

Earlier during proceedings on Tuesday, Chief Justice of Pakistan (CJP) Qazi Faez Isa had barred Justice Ijazul Ahsan and Justice Muneeb Akhtar from questioning lawyers during hearing on pleas against the Supreme Court (Practice and Procedure) Act 2023 and told them to hold their queries.

The petitioners sought to regulate the discretionary powers of the chief justice. The hearing is being broadcast live on state-run television.
Justice Ahsan remarked that an attempt was made to interfere in the independence of the apex court by enacting the law.

At the outset of proceedings on Tuesday, MQM counsel Faisal Siddiqui argued that the Supreme Court (Practice and Procedure) Act could be amended by simple majority. He contended that he would cite two judgements in his defence as they are relevant in this case.

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