ISLAMABAD: Hours after the federal cabinet’s approval, President Asif Ali Zardari, on Friday, signed the Supreme Court (Practice and Procedure) Amendment Ordinance 2024 into law.
Earlier, the cabinet, chaired by Prime Minister Shehbaz Sharif, approved the much-debated ordinance.
The federal cabinet adopted the ordinance “through a circulation” after the Ministry of Law had sent it to the prime minister and cabinet Thursday night. The ordinance said the court bench would look at the cases keeping in view the fundamental human rights and public importance.
As per the ordinance, each case will be heard on its turn otherwise reason will be furnished for its taking out of turn.
According to clause 2 of the Ordinance, “Every cause, appeal or matter before the Supreme Court shall be heard and disposed of by a Bench constituted by the committee comprising the Chief Justice of Pakistan, the next most senior Judge of the SC and a Judge of the SC nominated by the Chief Justice of Pakistan, from time to time.”
It stated, “Each case and appeal will be recorded and its transcript will be prepared, which will be available to the public.”
The clause-3 of the ordinance described as, “A Bench hearing a matter under clause (3) of Article 184 of the Constitution shall, before proceeding with the matter on merits, decide and identify through a reasoned and speaking order the question of public importance involved in the matter and the fundamental right which is sought to be enforced.”
According to clause 05 of the ordinance, Insertion of sections 7A and 7B, Act XVII of 2023- in the said Act, after section 7, the following new sections 7A and 7B shall be inserted, namely: - “7A. Hearing, etc.- Every cause, matter or appeal in the Supreme Court shall be heard at its turn based on first in, first out, that is to say, the cases filed first shall be heard first. Any Bench hearing a case out of its turn shall record its reasons for doing so.
7B. Recording and transcript of proceedings. - Hearing of every cause, matter or appeal in the Supreme Court shall be recorded and transcript thereof duly prepared. Such recordings and transcripts shall be made available to the public. For the purposes of reliance thereon in any court proceedings, only a certified copy of the transcript against payment of a fee amounting to fifty Rupees per page shall be used.” The law gave the power of taking soumotu notice to a three-member committee comprising senior judges including the chief justice. It further aimed to have transparent proceedings in the apex court and includes the right to appeal.
Regarding the constitution of benches, the law stated that every cause, matter or appeal before the apex court would be heard and disposed of by a bench constituted by a committee comprising the CJP and the two senior-most judges. It added that the decisions of the committee would be taken by a majority.
Regarding exercising the apex court’s original jurisdiction, the Act stated that any matter invoking the use of Article 184(3) would first be placed before the committee. On matters where the interpretation of the Constitution is required, the Act stated the committee would compose a bench comprising no less than five apex court judges.
About appeals for any verdict by an apex court bench that exercised Article 184(3)’s jurisdiction, the Act said that the appeal would lie within 30 days of the bench’s order to a larger SC bench. It added that the appeal would be fixed for hearing within a period not exceeding 14 days.
The Act additionally said that a party would have the right to appoint its counsel of choice for filing a review application under Article 188 of the Constitution.
Furthermore, it stated that an application pleading urgency or seeking interim relief, filed in a cause, appeal, or matter, shall be fixed for hearing within 14 days from the date of its filing.
However, the law had the provision that this right of appeal would also extend retrospectively to those aggrieved persons against whom an order was made under Article 184(3) prior to the commencement of the Act, but the court has struck it down.
Copyright Business Recorder, 2024
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