ISLAMABAD: Justice Shahid Waheed of Supreme Court (SC) has issued his dissenting note in Supreme Court Practice and Procedure Act case.

It has been said therein if it is permitted to take shelter of Article 191 then interference into court’s affairs through ordinance will become possible. Increase in court’s jurisdiction of power is only possible through constitutional amendment. No new jurisdiction of powers can be entrusted to court through simple legislation. Judges committee will become bound to frame its rules as per practice and procedure act.  Three member committee cannot rectify existing flaws in practice and procedure act by framing rules. If no member of judges committee is available then he will be replaced by whom. Law is silent in this regard. 

According to practice and procedure law no other judge can replace committee member. If two members of committee decide to send chief justice to provincial registry then what will happen. Chief Justice is administrative head of Supreme Court and consequences of sending him to other province will be dire.  As per Constitution decision regarding maintainability of petitions under Article 184/3 is possible only in court.

Judges committee cannot decide about maintainability of any petition or otherwise administratively. Sections 3 and four of practice and procedure act are in conflict with each other. According to section 3, 3-member bench can hear case of basic rights of section 184/3.