Islamabad: On Friday, the federal cabinet, chaired by Prime Minister Shehbaz Sharif, approved the Supreme Court Practice and Procedure Amendment Ordinance.
Following the cabinet’s approval, President Asif Ali Zardari signed the ordinance into law.
The ordinance, which was circulated among the cabinet members, was initially forwarded by the Ministry of Law the previous night. It emphasizes the need to uphold fundamental human rights and public importance in the judicial process, ensuring that cases are handled systematically.
The ordinance outlines that every case will be heard in its turn, and if a case is taken out of order, a valid reason must be provided. Additionally, all case proceedings and appeals will be recorded, and the transcripts will be made available to the public.
The new ordinance grants the Chief Justice of Pakistan (CJP) additional powers to appoint cases, with the authority to nominate a judge to a committee if any member is absent.
Under the Supreme Court (Practice and Procedure) Act, a three-member committee, including the CJP, is responsible for constituting benches. This act was passed by the Pakistan Democratic Movement (PDM) in the final days of its government to regulate the chief justice’s authority.
However, the law faced a hurdle when an eight-member bench, led by then-CJP Umar Ata Bandial, issued a stay order on it on April 13, 2023, prior to its enactment.
The act aimed to ensure more transparent proceedings and granted the right to appeal. It also regulated the CJP’s power to take suo motu notice, limiting it to a three-member committee. Furthermore, any matter invoking Article 184(3) of the Constitution, relating to the original jurisdiction of the Supreme Court, would first be placed before this committee for deliberation.
