Judicial Benches
ISLAMABAD: The federal government has recently promulgated an ordinance amending the Supreme Court (Practice and Procedure) Act 2023, allowing Chief Justice of Pakistan (CJP) Qazi Faez Isa to modify the composition of the three-judge committee that handles cases under Article 184(3) of the Constitution.
This article is often associated with the apex court’s suo motu jurisdiction, which allows the court to take notice of matters of public interest.
Following the ordinance, CJP Isa replaced Justice Munib Akhtar with Justice Amin-ud-Din Khan in the committee.
Information Minister Attaullah Tarar confirmed that President Asif Ali Zardari had granted assent to the ordinance, which was approved by the federal cabinet as part of efforts to serve the public interest.
The previous law mandated that the committee consist of the three most senior judges. However, the new ordinance permits the CJP to select any Supreme Court judge as the third member, significantly altering the previous structure. Typically, the committee convenes every Thursday to discuss cases to be heard in the coming week.
An office order from the Supreme Court indicated that Justice Khan, who ranks fourth in seniority, has now been appointed to the committee.
In response to these changes, former additional attorney general Tariq Mehmood Khokhar expressed concern over the abrupt removal of Justice Akhtar, describing him as an “independent and conscientious” judge. Khokhar criticized the decision, noting that it appeared to be an outrage, especially so close to Justice Akhtar’s retirement.
Legal analysts and rights activists have also raised alarms about the implications of this ordinance. Reema Omer highlighted that the Constitution does not empower the CJP to make unilateral decisions, warning that concentrating power in a single individual could lead to detrimental consequences.
She pointed out that such changes contradict the reasoning established in a previous Supreme Court judgment regarding the use of ordinances, emphasizing that the matter of committee composition does not qualify as emergent.
The ordinance also introduces several amendments to the existing law. For example, a new clause allows the CJP to nominate a judge for the committee at any time.
Moreover, changes to Section 7 dictate that cases filed with urgency will be heard within 14 days, while cases will be prioritized based on their filing order unless specified otherwise.
The amendments are perceived as empowering the CJP, who had previously found himself in the minority during committee discussions.
This shift could give him an upper hand in decision-making, as noted by his disagreements with the majority on several matters, including the urgency of reviewing certain petitions.
Overall, the reforms initiated by this ordinance are presented as measures intended to benefit the public, according to Tarar.
However, the changes have ignited debates about the potential for increased centralization of power within the judiciary and the impact on judicial independence.
The future implications of these amendments remain to be seen as the legal community assesses the evolving landscape of Pakistan’s judicial system.
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