11/10/2023
Positive Development in Judiciary: Supreme Court Upholds Practice and Procedure Act 2023:
In a progressive move towards a balanced judiciary, the Supreme Court of Pakistan, led by Chief Justice Qazi Faez Isa and comprising a bench of 15 eminent judges, has declared the Practice and Procedure Act 2023 as constitutionally sound. The landmark decision was reached following a thorough hearing that was transparently broadcast on Pakistan Television (PTV), enabling the nation to witness the proceedings firsthand.
Attorney General of Pakistan, Mansoor Usman Awan, eloquently presented his arguments before the court, demonstrating the robustness of the legal process. He emphasized that the Act, in accordance with Article 191 of the Constitution of Pakistan, upholds the legislative authority of the Parliament, without compromising the independence of the judiciary.
Importantly, Chief Justice Isa highlighted the mutual trust between Parliament and the judiciary, emphasizing that both institutions are not adversaries, but integral parts of a system designed for the betterment of the nation. He wisely cautioned against attempts to create discord between the two, recognizing that their coexistence is paramount for a thriving democracy.
The Practice and Procedure Act 2023, a crucial piece of legislation, refines the powers of the Chief Justice of Pakistan, ensuring that suo motu notices and bench compositions are made through a deliberative three-member committee. This approach promotes transparency and accountability within the apex court, upholding the right to appeal.
This decision, reached by a majority vote, underscores a monumental step towards a more balanced and effective judiciary. It reflects a careful consideration of the constitutionality of the Act and reaffirms the principle that no institution should be impeded in its pursuit of the greater good merely due to numerical considerations.
