Amendment Ordinance 2024
The Supreme Court (Practice and Procedure) Amendment Ordinance 2024 is scheduled for introduction in the National Assembly tomorrow, bringing with it significant changes to the judicial process in Pakistan.
Recent details regarding this ordinance highlight that cases will now be resolved on a “first come, first served” basis, aiming to enhance efficiency within the court system.
The ordinance follows President Asif Zardari’s signing of the Practice and Procedure Amendment Ordinance into law back in September.
This move comes after the Supreme Court reaffirmed the SC (Practice & Procedure) Act, 2023, in October 2023, a piece of legislation designed to streamline operations within the country’s highest court.
Initially passed by Parliament in April 2023, the Act introduced important structural changes, particularly in how cases are handled.
Under the new system established by the Act, a three-member bench—composed of the Chief Justice of Pakistan (CJP) and the two most senior judges—will determine whether to take up cases on a suo motu basis.
This is a notable shift from the previous framework, where the CJP had exclusive authority over such decisions.
Additionally, the Act expands the court’s review jurisdiction, allowing individuals to file appeals within 30 days of a judgment in suo motu cases.
With the introduction of Ordinance VIII of 2024, several amendments have been made. A new clause has been added to Section 2 of the Act, stating that every cause, appeal, or matter before the Supreme Court will be heard and disposed of by a bench formed by a committee comprising the CJP, the next most senior judge, and a judge nominated by the CJP.
Moreover, Section 3 has been amended to specify that a bench hearing matters under Article 184(3) of the Constitution must identify and address the question of public importance and the fundamental rights sought to be enforced through a reasoned order before proceeding to the merits of the case.
Further clarifications were made in Section 5 regarding the composition of the bench, eliminating certain provisions for clarity. Sub-sections have also been added to Section 7, which deals with urgent matters.
According to the new provisions, any application for urgent hearings must be addressed within 14 days of its filing.
Additionally, Section 7A introduces a crucial change: unless a transparent criterion is established or the law mandates a timely decision, cases will be heard in the order they were filed, adhering to a first-in, first-out principle. If a bench chooses to hear a case out of turn, it must provide reasons for this decision.
The amendments also include provisions for recording and transcribing court proceedings, ensuring that all hearings are documented, and transcripts will be publicly accessible for a nominal fee. This change aims to enhance transparency and public trust in the judicial process.
The Supreme Court (Practice and Procedure) Amendment Ordinance 2024, issued by the President under Article 89 of the Constitution, will take immediate effect, marking a significant moment in the evolution of Pakistan’s judicial system.
These reforms are designed to improve the efficacy and transparency of the Supreme Court’s operations, particularly under Article 191 of the Constitution, while allowing decisions to be made on cases of public importance as outlined in Clause (3) of Article 184.
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