ISAMABAD: The Supreme Court of Pakistan admitted the legislative power of the Parliament while hearing petitions challenging the SC (Practice & Procedure) Act, 2023, which restricts the Chief Justice of Pakistan’s authority, announced the verdict on a majority vote of 10 to five on Wednesday evening.

A key aspect of the Practice and Procedure Act, namely the provision that retroactively granted the right of appeal, was declared null and void.

Justices Ijazul Ahsan, Mazahir Naqvi, Muneeb Akhtar, and Ayesha Malik dissented from this ruling.

The Supreme Court’s decision emphasized that the Practice and Procedure Act aligns with the provisions of the Constitution, and Article 184/3 applications will continue to be decided by a committee with the power to take notice of such cases. However, the right of appeal will not apply retroactively.

The decision to preserve the right of appeal in Article 184/3 cases passed with a majority vote of 9-6. A detailed verdict will be issued at a later time. Justice Musrat Hilali also dissented from the decision to invalidate the provision granting the right to appeal retroactively, as did the Chief Justice himself.

Chief Justice of Pakistan, Qazi Faez Isa, had earlier stated, “We will deliberate internally at this point. If we reach a unanimous decision, we will make it public; otherwise, the decision will be held in reserve.” This announcement came as the full bench, comprised of 15 judges under his leadership, concluded the hearing. The proceedings were broadcast live on state-run PTV, allowing the public to witness the arguments presented by the lawyers.

The Attorney General for Pakistan, Mansoor Usman Awan, presented his arguments, concluding the arguments of all petitioners, including political parties. In opposition to the petitions, the Attorney General argued that Article 191 of the Constitution of Pakistan grants the Parliament the authority to legislate. He emphasized that the SC (Practice and Procedure) Act does not intend to undermine the judiciary’s independence, noting that no article can strip the Parliament of its legislative power.

Chief Justice of Pakistan, Justice Qazi Faez Isa, stressed the mutual trust between the Parliament and the judiciary and discouraged efforts to create divisions between the two institutions, emphasizing that they do not perceive each other as adversaries. In a previous hearing, Chief Justice Isa highlighted that Parliament should not be hindered from pursuing beneficial actions simply due to a lack of a two-thirds majority.

The SC (Practice and Procedure) Act places limits on the Chief Justice of Pakistan’s authority to take suo motu notice and form benches independently. It delegates the authority for suo motu notice to a three-member committee, comprising the chief justice and the two most senior judges of the court. Additionally, the Act aims to ensure transparent proceedings in the apex court and includes provisions for the right to appeal.

The PDM government passed the bill in a joint session of Parliament on April 10 after it was returned by President Arif Alvi.