ISLAMABAD, Sep 25 (Online): Replies have been filed in Supreme Court (SC) on court’s orders in SC Practice and Procedure Act case.
Khawaja Tariq Rahim counsel for the petitioner Raja Amir Khan has too filed reply.
The petitioner has prayed that practice and procedure act be declared null and void. There can be no tampering in independence of the judiciary. Under practice law, three members committee of judges will reject the plea without hearing it. The interference by the parliament in court’s affairs is violation of constitutional distribution of powers. Parliament cannot change the procedure of power of article 184/3 through ordinary legislation. Full court can make amendment in 1980 rules.
Doubtlessly parliament is supreme but it cannot legislate to regulate the matters of SC.
SC full court bench presided over by Chief Justice of Pakistan (CJP) Qazi Faez Isa had directed the respondents to file reply till September 25.
Sources said federal government has filed its reply as well wherein it is stated that no interference has been made in the powers of SC nor has any attempt been made to stifle the independence of the judiciary. The powers of CJP and other judges are there as it is. Attempt has been made to bring transparency in the formation of benches so that benches could be constituted with consultation for people instead of favorite benches.
As the CJP has started implementing it therefore, it is requested to court to dismiss the petitions against SC practice and procedure.
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