ISLAMABAD: Chief Justice Qazi Faez Isa nominated Justice Aminuddin Khan, who is at No 4 in seniority list of the Supreme Court judges, as the third member of the Committee constituted under the SC Practice and Procedure Act, 2023.
The federal government, on Friday, enacted the Supreme Court (Practice and Procedure) Amendment Ordinance, 2024, introducing a few changes in the Act 2023.
The changes have been made to the three-member judges’ committee of the apex court which decides on the formation of the SC benches and cases related to human rights. Earlier, the committee comprised the chief justice and two senior-most judges of the Supreme Court, but the ordinance now allows the chief justice to nominate one member of the committee, from time to time.
SC Practice and Procedure Act declared legal
A notification was also issued by the top court’s Registrar’s Office in this regard which stated that the senior puisne judge — Justice Mansoor Ali Shah — was also among members of the three-member committee. The sources said that the meeting of the judges’ committee is expected on Monday (September 23).
A notable change introduced by the ordinance is the requirement to document why a case under Section 184(3) of the Constitution is deemed a matter of public importance before it is heard by the court. A formal order must clarify whether the case involves public interest or human rights issues.
Additionally, the ordinance grants the right of appeal for any orders passed by the Supreme Court under Section 184 (3). To further enhance transparency, the ordinance mandates that a complete transcript of court proceedings, including judges’ remarks and observations, be prepared and made accessible to the public.
The law gave the power of taking suo motu 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.
Copyright Business Recorder, 2024