SC Upholds Constitutional Validity of Practice & Procedure Act

Islamabad: The Supreme Court of Pakistan has upheld the constitutional validity of the Supreme Court (Practice & Procedure) Act, 2023. This Act mandates the formation of a committee of senior judges to constitute benches for handling constitutional matters and suo motu notices.

The full court, which had reserved judgment on the petitions challenging the Practice and Procedure Act, reached a majority verdict of 10-5 in favor of upholding the Act.

Chief Justice Qazi Faez Isa, who delivered the verdict, expressed regret for the delay in the matter, acknowledging its technical complexity. He stated that the Act would remain in force and be sustained as constitutional.

Notably, Justices Ajaz-ul-Hasan, Manib Akhtar, Ayesha Malik, Mazhar Naqvi, and Shahid Wahid dissented against the Act, while the majority of judges ruled in favor of its constitutionality. Additionally, sub-section 2 of section 5 of the Act, which retroactively grants the right of appeal, was declared ‘ultra vires’ with an 8-7 majority.

The full court bench, led by Chief Justice Qazi Faez Isa, included prominent members of the judiciary, and their decision marks a crucial moment in Pakistan’s legal history.

This Act was introduced by the previous government, the Pakistan Democratic Movement (PDM), with the intention of limiting the chief justice’s authority to form benches. The parliament passed the bill earlier in the year, but it faced legal challenges through three petitions.

The Act assigns the authority to take suo motu notices to a three-member committee of senior judges, with the chief justice among them. The outcome of this case will have far-reaching consequences for the functioning of the Supreme Court and the broader legal landscape in Pakistan.