Regulating CJ's powers: Will SC finally accept parliament's competence?

ISLAMABAD -- All eyes are on the Supreme Court which is likely to conclude today [Tuesday] its proceedings on petitions seeking annulment of the Supreme Court (Practice and Procedure) Act, 2023, a law that seeks to regulate the chief justice of Pakistan's (CJP) discretionary powers.

Some lawyers wonder whether the majority of judges on the 15-member full court will acknowledge parliament's competence to make laws regulating the administrative workings of the apex court.

'Parliament's competence to make laws related to the Supreme Court working is a tricky question,' said a senior lawyer, speculating that the majority of judges would accept parliament's competence.

'But it is not clear as to whether the majority of judges will endorse the law to the extent of giving the right of appeal against judgments given under Article 184 (3) of Constitution,' he added.

The majority of judges have already disclosed their mind by giving observations about the "legislative competence' of parliament. Visibly, the judges' opinion is divided in this case. However, according to a senior lawyer, it will be difficult to predict what will be the final verdict.

Perhaps for the first time, judges who are raising questions about the lack of transparency in the internal workings of the judiciary are in the driver's seat.

Read 'Parliament's intent good', CJP says of law curtailing powers

These judges are also not scared of the fact that if the law is endorsed by the apex court then parliament will make more laws for regulation of the SC's internal working.

That is why Justice Syed Mansoor Ali Shah noted that there is a fear that if the law is endorsed, a floodgate will open. If any law strengthens the judiciary then it will be endorsed but if any law violates the principle of independence of judiciary then it will be struck down, he said.

During the hearing on Monday, it was revealed that CJP Qazi Faez Isa has given up his predecessors' policy to pass instruction to the SC registrar about the listing of cases before each bench. CJP Isa said he just passed general instructions to the SC registrar about listing of urgent matters.

It has been witnessed that no judge is defending the exercise of jurisdiction under Article 184 (3) by the CJPs since restoration of judiciary in March 2009.

It has been learnt that the record of the Supreme Court Human Rights cell is not available.

Justice Munib Akhtar, however, 'expressed serious reservation over the things which are imputed...