ISLAMABAD: For the first time in the country’s history, the proceedings of the Supreme Court are being telecasted live and the Supreme Court has approved the requests to form a full court on appeals against the Practice and Procedure Act in the Supreme Court.
The Supreme Court is hearing the petitions against the Practice and Procedure Act under the chairmanship of Chief Justice of Pakistan Qazi Faiz Isa.
Chief Justice Qazi Faiz Isa is presiding over the full court on the first court day, the full court comprising 15 judges of the Supreme Court is hearing the Supreme Court Practice and Procedure Act.
A request to reject the requests of the federal government
The federal government has submitted its written response against the Supreme Court Practice and Procedure Act to the court through the Attorney General, in which the federal government has requested to reject the petitions against the Supreme Court Practice and Procedure Act.
Remember, the 8-member bench of the Supreme Court had stopped the implementation of the Practice and Procedure Act on April 13.
The Supreme Court Practice and Procedure Act deals with the distribution of powers of the Chief Justice in cases of public interest. According to the Practice and Procedure Act, the decision to take automatic notice will be made by the Chief Justice and a committee consisting of two seniors.
Today’s hearing
During the hearing, Chief Justice Qazi Faiz Isa asked that there be 9 applications and who are the lawyers. Mr. Khawaja Tariq Rahim, please start the arguments.
The Chief Justice of Pakistan said that the arguments will start again as a new bench has been constituted, there were 3 requests to form a full court which are being approved.
Justice Qazi Faiz Isa in his remarks said that in the full court meeting, it was approved to hold the full court hearing, people want us to decide 57 thousand cases.
The Chief Justice of Pakistan remarked that Khawaja Sahib (Khawaja Tariq Rahim) we do not ask you to speak less, but you should keep it concise, forget the past and talk about the present.
Justice Musrat Hilali inquired what would happen to Section 5. Isn’t exercise due to a party?
Arguments of Khawaja Tariq Rahim, counsel for the petitioner
Lawyer Khawaja Tariq Rahim said that the Supreme Court had made its rules through the full court, but the Parliament interfered in the rules of the Supreme Court.
Justice Atharmanullah inquired Khawaja Sahib, do you support what happened in the past? While the Chief Justice asked you to tell me whether the whole law was wrong or a few clauses?
Khawaja Tariq Rahim said that according to Schedule 4 of the Federal Legislative List, the Supreme Court makes its own rules of practice and procedure, on which Justice Jamal Mandukhel asked whether this authority was given to the Supreme Court in the Constitution or in the law. Lawyer Khawaja Tariq Rahim said that I am noting the questions and will answer them later.
Justice Qazi Faiz Isa said that Khawaja Sahib should only read the constitutional clauses and not interpret them, while Justice Atharmanullah asked what are you saying, Khawaja Sahib was not the scope or power of Parliament to make this law?
I want to make things easy for you but it seems you don’t want it: Chief Justice’s conversation with Khawaja Tariq Rahim
The Chief Justice of Pakistan while talking to Khawaja Tariq Rahim said, Khawaja Sahib, bring a separate application for what you are talking about, focus on your current application, Khawaja Sahib, I want to make things easy for you, but it seems that you are like that. Not wanting.
Justice Athar Minullah remarked that powers and powers are not mentioned in the law while Chief Justice Qazi Faiz Isa said that the Supreme Court has its own authority to exercise its powers, do you think the Supreme Court Rules 1980 are in conflict with the Constitution? Don’t talk about the future, limit the arguments to the present, and file a petition for future legislation.
Attempts were made to prevent the court from exercising its powers: Justice Muneeb Akhtar
Justice Muneeb Akhtar said that Article 184/3 is judicial power, and an attempt was made to prevent the court from exercising its powers.
Justice Mansoor Ali Shah asked what is your argument, Khawaja Sahib? I have understood your point that if all this is done by the full court then it is correct, if the Parliament does this work then it is wrong, I have understood this from your point.
Justice Musarat Hilali inquired whether the powers of the Chief Justice can be neutralized through legislation. Justice Jamal Mandukhel asked whether the powers of the Chief Justice were abolished by the legislation or the powers of the Supreme Court.
Lawyer Khawaja Tariq said that the provision of a bench of at least 5 judges in constitutional cases has also been included in the legislation, on which Justice Qazi Faiz Isa said that the provision you object to, say I object to it.
Justice Atharmanullah asked Khawaja Tariq if the Chief Justice has unlimited power to form a bench, are you satisfied? While Justice Muhammad Ali Mazhar inquired, please tell me which article of the constitution the act is in conflict with?
The Chief Justice does not have the power to constitute a bench in foreign countries: Justice Mansoor Ali Shah
During the hearing, Justice Muneeb Akhtar said that Parliament says that less than 5 judges cannot hear a case, what will happen if Parliament says that 7 judges will not hear a case? In the United States, the issue of the right of abortion has become a problem, it is the Supreme Court whose job is to defend the Constitution.
The Chief Justice of Pakistan said that he is not satisfied with your arguments, while Justice Athar Minullah said that the independence of the judiciary should not only be external but also internal, the judiciary should be strengthened from within, and only the Chief Justice has the right to form benches. It is implicit to have the option.
Justice Mansoor Ali Shah said that in foreign countries benches are formed by ballot, there the chief does not even have the idea of the power to form a bench.
The petitioner’s lawyer Imtiaz Siddiqui said that the Practice and Procedure Act of Parliament is unconstitutional, on which Justice Muhammad Ali Mazhar said that according to Article 141, Parliament can make laws.
If the Supreme Court is a constitutional institution, is it not Parliament? Justice Athar Minullah
Lawyer Imtiaz Siddiqui said that Parliament is interfering in the internal affairs of the Supreme Court, on which Justice Mansoor Ali Shah said, “You tell us that there can be any law that regulates the judiciary?”
Amitbaz Siddiqui said that no law can be made directly related to judicial jurisdiction and powers, Parliament can only recommend a matter to the judiciary through a supplementary law.
Justice Muneeb Akhtar remarked that it is the Supreme Court whose job is to defend the Constitution, every law made is not enforceable, while Justice Athar Manullah said that the Supreme Court is a constitutional institution, so is it not Parliament?
Where is it written that the Supreme Court is above the law? Chief Justice of Pakistan
Chief Justice Qazi Faiz Isa asked where is it written that the Supreme Court is above the law? There are two basic things in this, what is written in this decision is negating your argument, don’t scare us, just give arguments, the lawyer is working, tell us what is written on this page of this decision.
The petitioner’s lawyer, Imtiaz Siddiqui, said that if I am not allowed to speak and will be ridiculed, then I am leaving, to which Justice Qazi Faiz Isa said that you should think about the people, Imtiaz Siddiqui replied that I am talking about the people I have been, I am not allowed to talk, so I run.
The Chief Justice of Pakistan while talking to the petitioner’s lawyer said that if you want to go, then go, otherwise be limited to the current case, the review appeal has increased the authority of the Supreme Court, and this can also be done by you.
I agree with the argument of and reject the application.
During the arguments of the Attorney General, Chief Justice of Pakistan Qazi Faiz Isa remarked that many unconstitutional things are happening in Pakistan, will what is happening in the country unconstitutional come within 184/3?
It should be remembered that yesterday, Justice Qazi Faiz Isa took oath as the Chief Justice of Pakistan and after taking the oath, the first case was scheduled for a Supreme Court Practice and Procedure Act hearing.
In April this year, Justice Qazi Faiz Isa had declined to be a part of the bench of any constitutional case, saying that he would not be a part of any bench until the Supreme Court Practice and Procedure Act petitions were decided.
