ISLAMABAD: Pakistan Muslim League-Nawaz (PML-N) lawyer Barrister Zafarullah Khan approached the Supreme Court (SC) on Wednesday seeking appropriate directions on the exercise of jurisdiction under Article 184(3) of the Constitution of Pakistan.
Article 184 of the Constitution pertains to the original jurisdiction of the SC while Article 184(3) refers to the enforcement of fundamental rights.
“Without prejudice to the provisions of Article 199, the Supreme Court shall, if it considers that a question of public importance with reference to the enforcement of any of the Fundamental Rights conferred by Chapter I of Part II is involved have the power to make an order of the nature mentioned in the said Article [sic],” reads Article 184 (3).
Barrister Khan has sought directions from the apex court regarding the constitution of benches, hearing of pending cases for adjudication by the SC, observations made during the hearings of the cases as well as the appointment of judges and staff in the superior courts.
The jurisdiction of the apex court and the powers accorded to the chief justice of Pakistan have been under debate since the enactment of the Supreme Court (Practice and Procedure) Act, 2023 — a law that seeks to streamline the CJP’s powers.
Recently sworn in CJP Justice Qazi Faez Isa made history earlier this week by holding a televised hearing of petitions challenging the 2023 Act before a full court.
The matter of constitution of benches has also been a point of contention among the judiciary, the political elite and the state with various stakeholders calling for a full court to hear crucial political and human rights cases.
