- Justice Shah, Justice Akhtar contend only judges who heard case could conduct a review
- Justice Isa argues judges should prioritise constitutional duties over personal convenience
ISLAMABAD: The Supreme Court Practice and Procedures Committee on Saturday decided to schedule the review petitions regarding reserved seats after summer break despite insistence by Chief Justice of Pakistan Qazi Faez Isa for early hearing.
The development at the 17th meeting of the Supreme Court Practice and Procedures Committee held here with CJP Justice Qazi Faez Isa.
During the meeting, the CJP highlighted the constitutional right to a timely hearing, stressing the importance of promptly scheduling review petitions regarding reserved seats.
He argued that judges should prioritise constitutional duties over personal convenience, stating that delaying the hearing would be unjust.
He emphasised that the right to review is enshrined in the Constitution and should not be hindered by judges’ vacations.
Justice Mansoor Ali Shah and Justice Muneeb Akhtar, however, contended that only the 13 judges who originally heard the case could conduct the review, noting that many judges are currently on summer break or abroad.
They suggested that the review petitions be scheduled after the holidays.
Justice Isa opposed this majority decision, insisting that the hearings should proceed immediately, even if it meant cancelling the summer break.
He cited the urgency stipulated in the Practice and Procedure Act, which requires review petitions to be scheduled within 15 days.
Justice Muneeb Akhtar pointed out that judicial rules allow for vacation periods, and once announced, they cannot be easily revoked.
He added that the new judicial year starts in the second week of September, making it challenging to accommodate the review petitions immediately.
He argued that awaiting a detailed decision while postponing the review hearings would strip individuals of their rights and undermine the law.
The committee ultimately decided, by a 2-1 majority, to schedule the review petitions post-holidays, despite Justice Isa’s dissent.
