ISLAMABAD: Supreme Court turned down pleas against Supreme Court (Practice and Procedure) Act 2023 with 10-5 majority. Verdict was announced by Chief Justice of Pakistan Qazi Faez Isa. Apex court hearing was streamed live on state TV.

Reading verdict, CJP Isa said, “Majority of 10-5 (Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Mazahar Ali Akbar Naqvi, Justice Ayesha A. Malik and Justice Shahid Waheed dissenting), SC Practice and Procedure Act 2023 is sustained as being in accordance with Constitution of Islamic Republic of Pakistan and to this extent, petitions are dismissed”.

Chief Justice said, “By majority of 9-6 (Justice Ahsan, Justice Akhtar, Justice Afridi, Justice Naqvi, Justice Ayesha and Justice Waheed dissenting) sub-section 1 of Section 5 of Act (granting right of appeal prospectively) is declared to be in accordance with Constitution and to this extent, petitions are dismissed.”

“By majority of 8-7 (CJP Isa, Justice Sardar Tariq Masood, Justice Syed Mansoor Ali Shah, Justice Amin-ud-Din Khan, Justice Jamal Khan Mandokhail, Justice Athar Minallah and Justice Musarrat Hilali dissenting) sub-section (2) of Section 5 of Act (granting right of appeal retrospectively) is declared to be ultra vires Constitution and to this extent petitions are allowed,” verdict added.

SC full bench headed by CJP Isa reserved verdict earlier today on pleas challenging law after conducting total of five hearings since September 18.

CJP asked SCBA President to wind up discussion and complete arguments. Justice Minallah said, “If someone files review petition under Article 188, he cannot avail facility of appeal. Act does not grant right of appeal against review.”

CJP asked Zuberi if apex court had to face all burden why SCBA President was getting tense. He then told Zuberi he had finished arguments and now court was going to hear other party.

During earlier hearing, CJP Justice Qazi Faez Isa had questioned how Supreme Court (Practice and Procedure) Act 2023 could curtail powers of apex court. CJP Isa regretted how vesting of authority in an individual’s hands had destroyed country. At one point, Justice Akhtar feared Parliament’s involvement in bench-making and that, he said, would undermine separation of powers.

Published in The Daily National Courier, October, 12 2023

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