In a first, SC live-streams Practice and Procedure bill hearing after agreement reached in full court meeting

In a first in the judicial history of Pakistan, a full court bench of the the Supreme Court of Pakistan began live-streaming proceedings as it took up the Supreme Court Practices and Procedures bill on Monday under new Chief Justice Qazi Faez Isa. The bill, which clips the chief justice’s powers to form benches and take suo motu notices, was stopped from taking effect in April.

The full court comprises CJP Isa, Justice Sardar Tariq Masood, Justice Ijazul Ahsan, Justice Syed Mansoor Ali Shah, Justice Munib Akhtar, Justice Yahya Afridi, Justice Aminuddin Khan, Justice Sayyed Mazahar Ali Akbar Naqvi, Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Ayesha A Malik, Justice Athar Minallah, Justice Syed Hasan Azhar Rizvi, Justice Shahid Waheed, and Justice Musarrat Hilali.

The proceedings are being shown on live television for the first time after the decision was taken in a full court meeting on Monday morning.

Government submits reply
The federal government submitted its reply in the case on Monday, requesting the court to declare petitions against the bill were not maintainable.

The written reply said that the parliament reserves the right to legislate under Article 191 and that the bill would not affect the freedom of the judiciary in any way.

What is the SC Practice and Procedure Bill
On March 30, the Senate passed the Supreme Court (Practice and Procedure) Bill 2023. The bill was aimed at clipping powers of the office of the CJP to take suo motu notice in an individual capacity and exercisign discretion in forming benches.

While mentioning the constitution of benches, the bill 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, in order of seniority. The decisions of the committee would be taken by a majority, it added.

The bill said that any matter invoking the use of Article 184(3) of the Constitution would first be placed before the abovementioned committee.

“Without prejudice to the provisions of Article 199, the Supreme Court shall, if it considers that a question of public importance with reference to the enforcement of any of the Fundamental Rights conferred by Chapter I of Part II is involved have the power to make an order of the nature mentioned in the said Article,” states Article 184(3) that pertains to the Original Jurisdiction of Supreme Court.

“If the committee is of the view that a question of public importance with reference to enforcement of any of the fundamental rights conferred by Chapter I of Part II of the Constitution is involved, it shall constitute a bench comprising not less than three judges of the Supreme Court of Pakistan which may also include the members of the committee, for adjudication of the matter,” the bill read.