ISLAMABAD, Oct 11 (APP): The Supreme Court (SC) on Wednesday sustained the SC Practice and Procedure Act 2023, and dismissed the petitions against it while announcing the short order.
Chief Justice of Pakistan Qazi Faez Isa pronounced the short order, which was reserved earlier by a 15-member full court bench after all respondents concluded their arguments.
The chief justice said that ten members of the full court bench out of 15 had declared the legislation passed by the Parliament with reference to the powers of the Chief Justice as correct. The CJP said that the full court has declared the petitions filed against the Supreme Court Practice and Procedure Act, 2023 as inadmissible by majority opinion.
The short order available with this scribe said, “By a majority of 10 to 5 (Justice Ijaz ul Ahsan, Justice Munib Akhtar, Justice Sayyed Mazahar Ali Akbar Naqvi, Justice Ayesha A. Malik and Justice Shahid Waheed dissenting) the Supreme Court (Practice and Procedure) Act, 2023 (‘the Act’) is sustained as being in accordance with the Constitution of the Islamic Republic of Pakistan and to this extent the petitions are dismissed.
It further said, “By a majority of 9 to 6 (Justice Ijaz ul Ahsan, Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi, Justice Ayesha A. Malik and Justice Shahid Waheed dissenting), the sub-section (1) of Section 5 of the Act (granting a right of appeal prospectively) is declared to be in accordance with the Constitution and to this extent the petitions are dismissed.
The short order read, “By a majority of 8 to 7 (Chief Justice Qazi Faez Isa, Justice Sardar Tariq Masood, Justice Syed Mansoor Ali Shah, Justice Amin-ud-Din Khan, Justice Jamal Khan Mandokhail, Justice Athar Minallah and Justice Musarrat Hilali dissenting) sub-section (2) of section 5 of the Act (granting a right of appeal retrospectively) is declared to be ultra vires the Constitution and to this extent the petitions are allowed.
Earlier, the top court had reserved its verdict after all respondent concluded their arguments in the said case. During this day hearing Attorney General of Pakistan (AGP) Mansoor Usman Awan concluded his arguments before the bench.
He also gave answers of various questions raised by members of the full court bench.
It should be noted that earlier, an eight-member bench of the top court headed by former Chief Justice Umar Atta Bandial had issued a stay order against this law in April this year, which has remained in place for about six months, but today (Wednesday) the full court has rejected the petitions filed against the act while declaring it inadmissible.
SC dismisses petitions against Practice and Procedure Act 2023
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