In a full court session, the Supreme Court ruled that the SC Practice & Procedure Act 2023 was constitutional and rejected petitions against it. Chief Justice of Pakistan Qazi Faez Isa read the verdict, with a majority of 10-5 judges upholding the law. Sub-section 1 of Section 5 of the Act was declared constitutional by a majority of 9-6 judges, while sub-section 2 of Section 5 was declared ultra vires the Constitution by a majority of 8-7 judges.
The SC Act, passed by Parliament in April, allows a three-member bench to decide whether to take up a matter suo motu. It was challenged by petitioners who saw it as an attempt to curtail the chief justice’s powers. A previous bench had barred the government from implementing the law until the petitions were decided. The hearing saw arguments about the independence of the judiciary, the role of the Parliament, and the impact of the law.
The verdict came after five proceedings on the matter, with exchanges between judges and counsel highlighting disquiet among judges over the court’s workings. The CJP stressed the importance of mutual respect between institutions and called for a balanced approach to criticism. The AGP presented details of judgments taken under Article 184(3) and their outcomes. The law limiting the CJP’s powers was enacted by the previous government of PDM.
Justice Isa stressed that institutions should be developed and respected, and the country should move forward. He criticized the fear of criticism and urged keeping a balanced approach. The CJP also noted the difference between the government and Parliament.
Now, the Supreme Court has ruled, upholding the SC Act in a majority verdict.
