SC resumes hearing on Practice and Procedure Act Case

ISLAMABAD: The Supreme Court of Pakistan, led by Chief Justice Qazi Faez Isa, is currently conducting its third hearing on the contentious Supreme Court Practice and Procedure Act case.

The case has garnered significant attention due to its live coverage on national TV as well as for its potential implications on the powers and functioning of the Chief Justice (CJ) and the Supreme Court (SC).

Supreme Court resumes hearing on Practice and Procedure Act Case

Today’s proceedings have seen a heated exchange of arguments, particularly from Supreme Court Bar President Abid Zuberi, who asserts that the Act infringes upon the judiciary’s independence.

During the hearing, Zuberi argued that the Act constitutes interference in the judiciary’s autonomy and contended that the Supreme Court itself possesses the authority to formulate its rules. Justice Ijaz ul Ahsan, echoing this sentiment, emphasized that the Supreme Court has the prerogative to establish its regulations within the bounds of the Constitution.

Chief Justice Isa urged the timely conclusion of arguments by 11:30. He also engaged in a conversation with Zuberi, urging him to present his submissions first.

In a curious exchange, CJ Isa questioned the readability of the case papers, discouraging senior counsel from doing so, and posed a series of inquiries about Western countries’ legal practices and adherence to Islamic principles.

Zuberi continued to assert that rules concerning practice and procedure should exclusively emanate from the Supreme Court, firmly stating that Parliament lacks the authority to establish regulations for the Supreme Court Practice and Procedure. He argued that even the inclusion of “Subject Two” in the Constitution doesn’t grant Parliament the jurisdiction to craft Supreme Court Rules.

Responding to the lawyer’s assertions, Justice Ijaz-ul-Ahsan probed whether new legislation could be enacted, to which Zuberi maintained that the Supreme Court could devise rules in accordance with the existing legal framework.

Justice Ijaz-ul-Ahsan emphasised that the authority to establish Supreme Court Rules is enshrined in the Constitution, while Justice Muneeb Akhtar highlighted the need for constitutional compliance.

During the proceedings, references to foreign judicial systems were made, with Zuberi mentioning the Supreme Court of New Jersey, which Chief Justice Isa urged against using as an example.