ISLAMABAD: Chief Justice of Pakistan (CJP) Justice Qazi Faez Isa Monday said that Parliament should not be hampered from doing any good because it lacked the two-thirds majority required for passing a constitutional amendment.
He made these remarks as the Justice Isa-led full court resumed hearing a set of petitions challenging the Supreme Court (Practice and Procedure) Act 2023.
Headed by CJP Isa, the bench consists of Justice Sardar Tariq Masood, Justice Ijazul Ahsan, Justice Syed Mansoor Ali Shah, Justice Munib Akhtar, Justice Yahya Afridi, Justice Aminuddin Khan, Justice Sayyed Mazahar Ali Akbar Naqvi, Justice Jamal Khan Mandokhel, Justice Muhammad Ali Mazhar, Justice Ayesha A. Malik, Justice Athar Minallah, Justice Syed Hasan Azhar Rizvi, Justice Shahid Waheed and Justice Musarrat Hilali.
At the outset of today’s hearing, President of the Supreme Court Bar Association (SCBA) Abid Zuberi said that Article 175(2) and Article 191 had been quoted in the Act. He read out Article 191, which states: “Subject to the Constitution and law, the Supreme Court may make rules regulating the practice and procedure of the Court”.
The lawyer contended that the “only authority that can make rules regulating the practice and procedure of the court is the honourable SC and not Parliament”.
This exchange between the top judge and Zuberi came during the third live-streamed hearing of the case by the full court.
CJP expresses displeasure
CJP Isa, during the hearing, expressed displeasure after Zuberi cited the United States court’s ruling as precedent to challenge the amendments in the apex court law.
Justice Mandokhail asked Zuberi about the fundamental rights that were being affected by the legislation.
Justice Minallah, in the course of the hearing, remarked that the Parliament has the power to expand or restrict the Supreme Court’s jurisdiction.
Can Parliament not legislate for fundamental rights? Justice Minallah asked, addressing the SCBA president.
He remarked that the question in the case is that of authority.
In his query, he asked if the apex court is violating the right to access justice, can the Parliament not intervene then?
Addressing the SCBA president, he said that you have failed to argue the admissibility of this case.
Addressing Zuberi, both the top judge, Isa, and Justice Ahsan delivered contrasting and back-to-back remarks regarding the powers of Parliament.
Justice Ahsan said there would be no end to the powers of PParliament once the door is opened for it to interfere in the apex court’ matters.
He said that the country’s constitution cannot operate like this.
Chief Justice Isa, on the other side, said that looking at the past, one person comes and turns the Parliament into a rubber stamp. All this does not happen in the United States.
After hearing today’s arguments, the top judge adjourned the hearing till 11:30 am tomorrow (Tuesday) and asked the lawyers to keep their arguments concise.
