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Justice Munib Excluded from Judges’ Committee Following Amendment to Supreme Court Practice Law

Following President Asif Ali Zardari’s approval of the Supreme Court (Practice and Procedure) Amendment Ordinance 2024, Chief Justice of Pakistan (CJP) Qazi Faez Isa has appointed Justice Amin-Ud-Din Khan to the judges’ committee, replacing Justice Munib Akhtar.

The recent amendments alter the three-member judges’ committee responsible for forming Supreme Court benches and handling human rights cases. The revised law expands the CJP’s powers, allowing him to nominate a replacement if a committee member is absent, and grants him authority over case assignments.

A notification from the top court’s registrar confirmed that Justice Mansoor Ali Shah remains a member of this committee. A session of the judges’ committee is expected to convene on Monday, according to sources.

The ordinance also amends Section 3 of the Act.

The Supreme Court (Practice and Procedure) Act 2023 was passed by the Pakistan Democratic Movement (PDM) to regulate the chief justice’s powers, although it faced setbacks when a stay order was issued by an eight-member bench before the law could take effect.

This law allows a three-member committee, including the chief justice and senior judges, to take suo motu notice and aims for more transparent proceedings in the Supreme Court. It stipulates that all cases must be heard by a bench constituted by the CJP and the two senior-most judges, with decisions made by majority vote.

In matters invoking Article 184(3), the Act requires that cases be presented to the committee first. For constitutional interpretation, the committee must form a bench of at least five judges. Appeals against verdicts related to Article 184(3) can be filed within 30 days to a larger bench and should be scheduled for hearing within 14 days.

The Act also provides that parties may choose their counsel for review applications and mandates that urgent applications be heard within 14 days. However, a provision allowing retrospective appeal rights for previous orders made under Article 184(3) was struck down by the court.

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