Supreme Court to take up practice and procedure act today

ISLAMABAD: The apex court of the country will resume hearing of the Supreme Court (Practice and Procedure) Act, 2023 today (Thursday).

An eight-member larger bench, headed by Chief Justice of Pakistan Umar Ata Bandial, will conduct a hearing of the case.

Meanwhile, Pakistan Tehreek-e-Insaf has submitted a reply to the Supreme Court in the case challenging the practice and procedure law. The PTI had requested the apex court to declare the Supreme Court (Practice and Procedure) Law 2023 null and void.

The law should be declared unconstitutional, the petition pleaded, adding clauses 2, 3, 4, 5, 7 and 8 of the Act should be declared unconstitutional. The Supreme Court (Practice and Procedure) law was against the independence of the judiciary. The law had interfered with the internal administration of the judiciary, the plea stated.

A day ago, Supreme Court Bar Association President Abid Zuberi had stated that parliament limited the judicial authority by enacting the Supreme Court (Practice and Procedure) Bill 2023, adding the law was against the constitutional principles. Mr Zuberi said this in his written response he submitted to the Supreme Court.

Under Article 191, the Supreme Court had the exclusive power to amend the rules, the response said. Meanwhile, the government taking a significant step towards implementing the Supreme Court Review of Judgments and Orders Act 2023, issued a gazette notification, marking the official commencement of the Act.

Following president’s approval and signing into law, the attorney general submitted a copy of the Review of Judgments Act 2023 notification to the Supreme Court.

Under the newly-enacted law, effective from Friday (last), the Supreme Court will entertain appeals in the review petitions of cases falling under Article 184. This development presents an opportunity for Nawaz Sharif and Jahangir Tareen to file an appeal against their respective sentences.

Appeals against decisions made under Article 184(3) can be filed within 60 days of the Act’s implementation. It is worth noting that the law’s scope applies not only to decisions made after its enactment but also to cases pending in the Supreme Court and High Courts.

Furthermore, the hearing of such appeals will be conducted by a larger bench, consisting of more judges than those presiding over the main case.

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