Khawaja Rahim submits response in Practice and Procedure Act case

ISLAMABAD: Lawyer Khawaja Tariq Rahim has submitted his response to the Supreme Court in case of the legality of the Practice and Procedure Act.

Full bench of the Supreme Court, under the chair of Chief Justice Qazi Faez Isa, is debating the legality of the act, which defines laws on the distribution of powers of the Chief Justice of Pakistan.

In the last hearing, Khawaja Rahim had asked for time to submit response on the queries posed by the bench. Khawaja Rahim is arguing the case on behalf of the petitioner Raja Amir.

SC postpones hearing on appeals challenging Supreme Court (Practice and Procedure) Act

In the submitted reply to the Supreme Court, Khawaja Rahim has said that the independence of the judiciary cannot be tampered with, even by the parliament. He said that interference by the Parliament in judicial matters is a violation of the constitutional separation of powers.

“Parliament cannot change the mode of authorization of Article 184/3 by ordinary legislation. The conduct of judicial affairs cannot be changed by practice and procedural law”, Khawaja Rahim’s response explained.

Only the full bench of the Supreme Court can amend the Rules of 1980. “Undoubtedly, Parliament is supreme,” the reply said, adding that the Parliament cannot legislate to regulate the affairs of the Supreme Court.

Under the leadership of Chief Justice Qazi Faez Isa, a 15-member full court consisting of Justice Sardar Tariq Masood, Justice Ajaz-ul-Hasan, Justice Mansoor Ali Shah, Justice Manzoor Akhtar, Justice Yahya Afridi, Justice Amin-ud-Din Khan, Justice Mazhar Alam Khan Miankhel, Justice Muhammad Ali Mazhar, Justice Ayesha Malik, Justice Athar Minallah, Justice Hasan Azhar Rizvi, Justice Shahid Wahid, and Justice Musarrat Hilali is hearing the case. The full court bench adjourned the case until October 3.