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Government to ‘amend’ Supreme Court Practice and Procedure Act

The federal government plans to amend the Supreme Court Practice and Procedure Act, with expected adjustments to the committee overseeing bench formation, sources revealed on Friday.

On Monday, the government narrowly passed constitutional amendments granting legislators greater authority in appointing top judges, who recently issued rulings favoring opposition leader Imran Khan.

Under these judicial reforms, passed in an early morning parliamentary session, Pakistan’s chief justice will now be appointed by a parliamentary committee and serve a fixed three-year term.

Previously, the chief justice was succeeded by the most senior judge, currently Mansoor Ali Shah, known for verdicts viewed as supportive of Khan and his party.

The amendment, aligning with the 26th Constitutional Amendment, will be introduced through private legislation and is set to be presented in the National Assembly on Tuesday. Government members have been directed to attend the session to ensure its passage.

Work continues on prior private bills aimed at increasing the number of judges. To expedite the amendment’s approval, National Assembly and Senate sessions have been extended, which were initially set to adjourn indefinitely on Friday.

In September, President Asif Zardari enacted the Practice and Procedure Amendment Ordinance.

In October 2023, the Supreme Court upheld the SC (Practice & Procedure) Act, 2023, aimed at refining the court’s operations. The Act, originally passed by parliament in April 2023, mandates that a three-member bench—comprising the Chief Justice of Pakistan and the two most senior judges—now decides on suo motu cases, shifting away from the previous system where the Chief Justice had sole authority over such decisions.

Additionally, the Act expands the court’s review jurisdiction, allowing individuals to appeal within 30 days of a suo motu judgement. This adjustment is anticipated to enhance access to justice and foster collaborative decision-making in the Supreme Court.

Meanwhile, the Senate session on Friday was adjourned due to a lack of quorum, and will reconvene on October 28 at 3 pm.

When the House resumed after a two-day break, quorum was questioned during the question hour, leading PPP Senator Saleem Mandviwalla, who was presiding, to adjourn the House for 30 minutes. Upon reconvening, quorum issues persisted, leading the chair to postpone the session until Monday.

Mandviwalla also informed the Upper House that a Russian Federation delegation, led by Federation Council Speaker Valentina Matviyenko, would visit Pakistan from October 27 to 29. She is scheduled to address the Senate on October 28 at 5 pm, at the invitation of Senate Chairman Syed Yousuf Raza Gilani. The presiding officer urged Senate members to ensure their attendance to promote parliamentary diplomacy and strengthen ties between Pakistan and Russia.

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