SC amendment ordinance aims to ensure transparency in judiciary: Tarar

ISLAMABAD: Information Minister Attaullah Tarar has said the Supreme Court (Practice and Procedure) Amendment Ordinance 2024 has been promulgated by the president to serve the public interest and enhance the transparency of the judicial process. 

In his televised remarks on Friday, he said the ordinance was earlier approved by the cabinet.

Sharing details of the ordinance, the information minister said that the first case to land in the court will be heard first.

He stated that the right of appeal has also been granted for any judgment to be passed by the apex court in a case under Article 184(3).

The minister stated that a transcript of the proceedings for each case will also be prepared and it will be available to the public. This, he said, will bring more transparency in the judicial process.  

In October 2023, the Supreme Court had upheld the SC (Practice & Procedure) Act, 2023 which was formulated to regulate the affairs of the top court.

The law, which was passed by parliament in April 2023, states that a three-member bench, comprising the chief justice of Pakistan (CJP) and the two senior-most judges of the apex court, will decide whether or not to take up a matter suo motu.

Previously, this was solely the prerogative of the CJP. Additionally, it adds to the review jurisdiction of the top court, giving the right to file an appeal within 30 days of the judgement in suo motu cases.

The law was seen by the petitioners as an attempt by the government to curtail the chief justice’s powers.

ccording to the ordinance, the Supreme Court committee responsible for bench formation would now constitute the CJP, senior puisne judge, and any other apex court justice nominated by the CJP from time to time instead of the third most senior judge, Justice Munib Akhtar, according to a report in Dawn.com.

Regarding suo motu notices, the ordinance said the bench hearing such matters would have to “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”.

Regarding applications for fixation of urgent matters, the ordinance said: “Unless transparent criteria are already mentioned or the applicable law requires a decision within a stipulated time, 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.”

Tarar said a Chinese Group Ruyi has signed an agreement with Pakistan for the establishment of textile parks in Sindh and Punjab provinces. He said the Group’s Chairman also held a meeting with Prime Minister Shehbaz Sharif today.

The information minister said the Chinese group will invite more than one hundred Chinese companies to establish their textile units in these parks. He said this is an investment of seven billion dollars.   

Describing this MOU as a big success, he said this will help bolster Pakistan’s exports and provide employment opportunities for three hundred to five hundred thousand people.  He was confident that this will make Pakistan a textile hub.