Following the approval of the highly debated ordinance by the federal cabinet, President Asif Ali Zardari has formally approved the Supreme Court (Practice and Procedure) Amendment Ordinance 2024.
The cabinet meeting, led by Prime Minister Shehbaz Sharif, earlier sanctioned the ordinance, which was submitted by the Ministry of Law late Thursday night. The cabinet adopted the ordinance “through circulation.”
The newly approved ordinance mandates that the court bench consider cases with a focus on fundamental human rights and public importance. Each case will be heard in order, with exceptions requiring a justification for any prioritization. Additionally, all cases and appeals will be recorded, and transcripts will be made publicly accessible.
Sources have indicated that this ordinance will grant the Chief Justice of Pakistan (CJP) expanded powers in appointing cases. The CJP will also have the authority to designate a judge as a committee member in the absence of another.
As per the Practice and Procedure Act, a three-member committee will form the benches, consisting of the chief justice, the most senior judge, and a judge nominated by the chief justice. The ordinance includes amendments to both Sub-clause 1 of Section 2 and Section 3 of the Act, which delineate the responsibilities of the Practice and Procedure Act Committee in scheduling cases for hearing.
The Pakistan Democratic Movement (PDM) enacted the Supreme Court (Practice and Procedure) Act 2023 in the final days of its government to regulate the powers of the Chief Justice. However, they faced a setback when an eight-member bench, led by then-CJP Umar Ata Bandial, issued a stay order on April 13, 2023, even before the law took effect on April 21, 2023.
This law aimed to empower a three-member committee, consisting of senior judges including the Chief Justice, to take suo motu notices. It also sought to ensure transparent proceedings in the Supreme Court and included provisions for the right to appeal.
In terms of bench composition, the law stipulated that all cases, matters, or appeals would be heard by a bench formed by a committee comprising the Chief Justice and the two most senior judges, with decisions made by majority vote.
For cases invoking the Supreme Court’s original jurisdiction under Article 184(3), the Act mandated that such matters be presented to the committee first. When constitutional interpretation was necessary, the committee was required to form a bench of at least five Supreme Court judges.
The Act also specified that appeals against decisions made under Article 184(3) must be filed within 30 days and would be heard by a larger Supreme Court bench within 14 days. Furthermore, parties were granted the right to choose their counsel for filing review applications under Article 188 of the Constitution.
Additionally, applications seeking urgent or interim relief would be scheduled for hearing within 14 days of filing. Notably, the law included a provision for retrospective appeal rights for individuals adversely affected by orders issued under Article 184(3) before the Act’s commencement; however, this provision was struck down by the court.
