SCBA president contends parliament lacks authority to establish practice and procedure rule
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A full bench of the Supreme Court of Pakistan resumed hearings on Monday regarding a set of petitions seeking to restrict the authority of the Chief Justice of Pakistan (CJP).
The 15-member full court bench, led by CJP Isa, is considering challenges to the Supreme Court (Practice and Procedure) Act 2023, which aims to regulate the powers of the Chief Justice of Pakistan.
The proceedings are being broadcast live by state-run PTV.
During the hearing, Supreme Court Bar Association President Abid Zuberi argued that parliament lacked the authority to establish rules concerning the practice and procedure act, asserting that parliament had misused its powers in doing so. He contended that the constitution's reference to "subject to law" did not grant parliament the right to enact laws pertaining to the judiciary, emphasizing that only the Supreme Court could create laws concerning the judiciary while adhering to existing legal parameters.
CJP Isa questioned the impact of removing the words "subject to law" from the constitution, to which Zuberi responded that such a removal would not make a difference.
CJP Isa expressed frustration over the submission of fresh documents in the case, noting that these documents should have been presented earlier. Justice Isa expressed disappointment in Zuberi's attitude, stating that he did not expect such behavior from a senior lawyer.
Justice Ijazul Ahsan pointed out that the Supreme Court had the authority to establish rules regarding its own practices, as granted by the constitution.
Justice Muneeb Akhtar highlighted that the constitution mandated the creation of rules in accordance with existing laws and the constitution itself.
CJP Isa voiced concerns over the backlog of cases due to the Supreme Court's focus on practice and procedure law petitions and urged that the case's arguments be concluded on that day.
Zuberi revealed that he had submitted his arguments in court but sought the apex court's review of a decision by the New Jersey court in the United States. CJP Isa and Justice Isa expressed reservations about the relevance of this reference, emphasizing that it was not a Supreme Court ruling.
CJP Isa questioned the tendency to criticize parliament when it aimed to make positive changes and asked why anyone would want to stifle such efforts.
Justice Athar Minallah urged Zuberi to present arguments regarding the expansion of the Supreme Court's jurisdiction, expressing his belief that provincial assemblies did not possess the authority to establish such rules.
The CJP requested Zuberi to conclude his arguments, and Justice Minallah emphasized that the act did not provide the right to appeal against a review.
The court then adjourned the hearing until October 10 at 11:30 a.m.