Supreme Court resumes hearing on Practice and Procedure Act Case

ISLAMABAD: Supreme Court of Pakistan resumed hearing of the Practice and Procedure Act case, with Chief Justice Qazi Faiz Isa presiding over the proceedings.

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).

CJ said that the justices had met with a delegation from the Bar Council and Bar Association on the proceedings. “Senior Judges of the SC were also present in the meeting,” said CJ Isa said, adding that the delegation expressed concerns that their perspective had not received adequate attention.

CJ Isa assured them that their grievances would be addressed and emphasised the importance of a thorough and fair hearing. One of the key decisions made during the meeting was to allow lawyers to present their arguments comprehensively before facing questions from the judges, he informed the court.

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The chief justice stressed the importance of ensuring that the arguments presented are directly related to the case at hand, and clarified that the nature of the changes proposed by the Practice and Procedure Act only aim to share power of the CJ and not eliminate it. These changes, he emphasised, would apply to future judges as well.

The formation of a full court, comprising all judges, was undertaken to ensure that all perspectives are considered thoroughly, justice Isa said, adding that the case, which centers on the powers of both the Parliament and the Supreme Court, has drawn attention from various parties.

He noted that most parties had already submitted their submissions in writing, and expressed the court’s intention to deliver a decision on the application promptly.

He encouraged all parties to present their arguments concisely, noting that some petitioners had not attended the previous hearing, which raised concerns about their seriousness. “If the Supreme Court dedicates all its resources to a single case, it would exacerbate the backlog of pending cases,” he added.

Petitioner Advocate Ikram Chaudhary asserted the Supreme Court’s authority to establish its own rules, while raising concerns that the Act could potentially undermine the court’s functioning.

In response to the petitioner’s arguments, CJ Isa emphasised the necessity of focusing on legal points rather than political matters. He reiterated that the case pertains to the constitutionality of the law and its impact at the present time. “These arguments were valid when this law was being made. Now the only discussion that should happen is whether it is constitutional or not,” CJ Isa said.