The Supreme Court of Pakistan on Wednesday released detailed verdict on SC Practice and Procedure Act, 2023.
Chief Justice Qazi Faez Isa has written detailed verdict of the case comprises of 22 pages.
The case was heard by 15-member full-court and a short judgment was announced in October.
Ten members of the full court bench comprised of 15 judges had declared the legislation passed by the Parliament with reference to the powers of the Chief Justice as correct.
According to the decision Supreme Court Practice and Procedure Act has no impact over the fundamental rights, the constitution empowers the Parliament for legislation.
“There are constitutional requirements of mutual respect among the institutions,” the judgment read. “It is requirement of mutual respect that the supreme court not to replace the parliament’s opinion with its own opinion”.
“The Practice and Procedure Act has not been against the constitution or the freedom of judiciary”. “This law will assist in access to the transparency and justice,” verdict read. “Judiciary will be more empowered with the committee comprises of the Chief Justice and two senior judges of the court”.
“The Practice and Procedure Act offers right to appeal for the cases under Article 184/3. The right to appeal against a decision is a requirement under the laws worldwide as well as it is requirement of the Sharia,” according to verdict.
“Considering points raised by the petitioners and other points will be an academic debate.”
“The court issued a restraining order before the Practice and Procedure legislation becomes an Act,” court said.
The constitution does not allow unlimited powers to the supreme court. “The constitution does not delegate any authority to chief justice to take lone decisions. The constitution not referring the chief justice as the ‘master of roosters’,” judgment read.
