ISLAMABAD (The Thursday Times) — The Supreme Court of Pakistan navigated through significant hearings today, addressing petitions against the Supreme Court (Practice and Procedure) Act, 2023. Chief Justice of Pakistan (CJP) Qazi Faez Isa led the discussions, delving into the legislative powers concerning judicial corrections and constitutional amendments scope.
The hearings commenced with a focal discussion on the Supreme Court (Practice and Procedure) Act, 2023, aimed at regulating the discretionary powers of the country’s top judge. Central to the hearing was the question of whether the Parliament possesses the authority to rectify a mistake made by a Supreme Court judge. CJP Isa directed this query towards the Supreme Court Bar Association (SCBA) President Abid Zuberi, who was presenting arguments on one of the pleas on behalf of the association. The Chief Justice further questioned the misuse of Article 184(3) and the legislative powers of the Parliament concerning fundamental rights and the apex court’s jurisdiction.
Chief Justice Qazi Faez Isa made a resolute statement during the hearings, asserting, “The constitution and laws of Pakistan are not subject to any Chief Justice. I want to make it clear that the law and constitution of Pakistan are not subject to the will and desires of any Chief Justice,” marking a significant emphasis on the separation and limitation of powers within the judiciary and the legislative body.
The discourse between CJP Isa and Zuberi unraveled during the third live-streamed hearing by the full court, which included 15 judges of the Supreme Court. This discussion delved into contrasting views on the Parliament’s powers to create rules for the Supreme Court, with Justice Ahsan and Justice Minallah delivering diverging remarks on the issue.
In a parallel development, the Supreme Court dismissed a civil review petition filed by the Commissioner Inland Revenue against an order that quashed the amendment of assessment made by the Deputy Commissioner, Inland Revenue.
Hearings will resume tomorrow as per the Supreme Court’s guidance, at 11.30AM PKT.