Islamabad (PNI) In a comprehensive session held on Wednesday, the Supreme Court of Pakistan upheld the constitutionality of the SC (Practice & Procedure) Act, 2023.
This law mandates the formation of benches for constitutional matters and suo motu notices by a committee of senior judges. The court dismissed petitions challenging this law in a majority verdict.
Chief Justice of Pakistan, Qazi Faez Isa, announced the ruling, stating that a majority of 10-5 affirmed the Act’s constitutionality, while a majority of 9-6 declared a specific section of the Act, allowing appeals, as constitutional. However, a majority of 8-7 found another section, allowing retrospective appeals, to be unconstitutional.
The Act, passed by Parliament in April, grants a three-member bench, including the Chief Justice and the two senior-most judges, the authority to decide on suo motu matters, expanding the Supreme Court’s review jurisdiction.
The petitioners viewed this law as an attempt to limit the Chief Justice’s powers. The Supreme Court had previously halted the law’s implementation until the petitions challenging it were resolved.
The judgment follows several proceedings on the matter, revealing concerns among judges about the court’s functioning.
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