{"id":10587,"date":"2023-10-04T02:37:05","date_gmt":"2023-10-04T02:37:05","guid":{"rendered":"https:\/\/news.pakistaninewspaperlist.com\/islam-favours-consultations-before-decisions-cjp-daily-times\/"},"modified":"2023-10-04T02:37:05","modified_gmt":"2023-10-04T02:37:05","slug":"islam-favours-consultations-before-decisions-cjp-daily-times","status":"publish","type":"post","link":"https:\/\/pakistaninewspaperlist.com\/news\/islam-favours-consultations-before-decisions-cjp-daily-times\/","title":{"rendered":"Islam favours consultations before decisions: CJP – Daily Times"},"content":{"rendered":"
\n

The CJP\u2019s remarks came during the second live hearing of the proceedings on the petitions challenging the Supreme Court (Practice and Procedure) Act 2023, the law seeking to curtail CJP\u2019s discretionary powers.<\/p>\n

CJP Isa was heading a full-court bench \u2013 comprising 14 judges of the Supreme Court \u2013 and decided that October 9 (Monday) would be last date of hearing and cautioned that proceedings could continue till 12am.<\/p>\n

Earlier, the top judge hinted at concluding proceedings Tuesday, saying too many cases are pending in the apex court.<\/p>\n

The proceedings of the case were broadcast live by state-run TV.<\/p>\n

The full court bench includes CJP Isa, Justice Sardar Tariq Masood, Justice Ijaz Ul 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 last hearing, the apex court\u2019s full court had sought replies from all parties by September 25.<\/p>\n

During Tuesday\u2019s hearing, CJP Isa directed the PTI lawyer, Uzair Bhandari, to read the first page of the Constitution during the course of the proceedings.<\/p>\n

At this, the lawyer maintained that the first sentence of the Constitution says that the authority to be exercised by people within the limits prescribed by Allah is \u201ca sacred trust\u201d. At this, the CJP asked if guidance could be taken from the Holy Quran while deciding this. \u201cSurah Aal-Imran states that consultation should be held,\u201d he said, adding that the guidance should be taken from the Quran instead of American examples.<\/p>\n

CJP Isa then asked what harm could the right to appeal have on anyone. He said Holy Prophet Muhammad (PBUH) did everything after consultation, while the parliament also stated that the chief justice should decide matters through consultation instead of deciding unilaterally.<\/p>\n

Earlier, at the outset of the hearing, CJP Isa said the apex court would try to conclude hearings of the case Tuesday.<\/p>\n

The CJP said many cases are already pending in the Supreme Court and the court cannot spend too much time on one case. He also directed the petitioner\u2019s counsel to complete his arguments in 10 minutes. CJP Isa said the powers of the chief justice are not being curtailed through this legislation rather they are being devolved among the judges.<\/p>\n

He said the impact of this law will be particularly on the chief justice and the two senior-most judges.<\/p>\n

Presenting his arguments, the petitioner\u2019s lawyer Ikram Chaudhry said parliament bulldozed the independence of the judiciary through the practice Act. \u201cParliament tried to breach jurisdiction through the Act,\u201d he added. Lawyer Chaudhry also pointed that it was also imperative to review the situation of the parliament at the time it passed the act.<\/p>\n

\u201cWill you base your arguments on newspaper reports?\u201d the CJP said.<\/p>\n

To this, the lawyer said they did not have record of parliament\u2019s proceedings.<\/p>\n

\u201cDid you request the speaker in writing to provide you with the record of the proceedings?\u201d the CJP inquired.<\/p>\n

CJP Isa also told the counsel to avoid political discussion in the court after the latter read out the statement of former prime minister before the bench.<\/p>\n

\u201cDon\u2019t do politics here, [forum of] media is available. Go and do politics there,\u201d the CJP remarked.<\/p>\n

The CJP said some people believed that Supreme Court and parliament have come face to face over this law.<\/p>\n

\u201cI will not use the word war,\u201d the CJP remarked.<\/p>\n

The CJP said the Supreme Court Practice and Procedure Act has now become a law and added that the debate should not be held on whether parliament could have enacted legislation or not.<\/p>\n

\u201cSupreme Court Practice and Procedure Act is against the Constitution or not, tell me,\u201d CJP asked the counsel.<\/p>\n

Responding to the lawyer\u2019s argument that the apex ocurt has powers to strike down any legislation, the CJP Isa said the Supreme Court declared in the 21st Amendment that it can also review the constitutional amendment.<\/p>\n

\u201cThe independence of judiciary is only for courts to defend?\u201d the CJP asked.<\/p>\n

\u201cIf parliament makes a law to give priority to widows\u2019 cases [then] that too will affect the independence of the judiciary?\u201d the CJP added. After lawyer Chaudhry completed his arguments, another petitioner\u2019s counsel Hasan Irfan took the rostrum.<\/p>\n

He told the bench that the Constitution made the use of Article 184 (3) mandatory on the Supreme Court.<\/p>\n

At which, the CJP said: \u201cYou are saying that the not only Chief Justice has the power of Article 184-3, but the entire Supreme Court can exercise it?\u201d<\/p>\n

Justice Ahsan said Article 191 empowers the Supreme Court to make its own rules of procedure. \u201cThe Supreme Court Practice and Procedure Act has devolved the powers of the chief justice to a committee of judges,\u201d Justice Ahsan remarked. He further said the apex court itself can divide its powers into one or as many judges. \u201cThe powers of the Supreme Court are sacred,\u201d Justice Ahsan remarked. Justice Minallah said the Act made access to justice easy. \u201c[\u2026] does the parliament not have the powers to bring transparency in the internal affairs of the Supreme Court?\u201d asked Justice Minallah.<\/p>\n

Justice Minallah further inquired from the counsel as to how the fundamental rights pertaining to access to justice of the people were affected by the Act.<\/p>\n

Lawyer Irfan asked whether the chief justice and the judges\u2019 committee have the discretionary authority to take notice of the violation of his rights.<\/p>\n

Responding to this, Justice Minallah asked whether the right to access justice was affected when the suo motu powers rested with the chief justice. \u201cWhen martial law is imposed, everyone surrenders their weapons. There are many pictures [of judges] in this room who forgot their oath after the imposition of martial law,\u201d CJP Isa remarked after the lawyer read out the judges oath in the court.<\/p>\n

CJP Isa said the apex court had endorsed martial law several times in the past, adding that an individual was responsible for the destruction of the country.<\/p>\n

He further said the apex court cannot allow anyone to disrupt the country, adding that the parliament should be respected. \u201cEveryone is just attacking the parliament,\u201d the CJP said while emphasising that there was a need to review whether the law is in the interest of the people or not.<\/p>\n

\u201cWe have to decide among ourselves, what is your problem with the judges,\u201d the chief justice remarked while referring to the reservations on judges\u2019 committees formed under the law to take decisions on suo motu cases. After the court met again following a 30-minute break, the Pakistan Tehreek-e-Insaf (PTI) lawyer Uzair Bhandari argued that rules are above the laws as per the judicial precedents.<\/p>\n

\u201cWill a law made by the parliament prevail or the rules?\u201d asked Justice Minallah. The lawyer replied that as per his understanding rules will prevail as the \u201crules are made under the Constitution\u201d.<\/p>\n

CJP Isa said right of appeal is not given in Article 204 and parliament gave this in the Article through Ordinance. The top judge said the Supreme Court disqualified the prime minister under Article 184 (3). \u201cWhere is it written in Article 204 that the right of appeal will be available?\u201d the CJP asked. \u201cIs it wrong to give the right to appeal? Even in high-treason cases, affected parties will have the right to appeal,\u201d the CJP said in response to PTI\u2019s lawyer objection to the SC law.<\/p>\n

\u201cCouldn\u2019t the political party have this beautiful debate in the parliament?\u201d CJP Isa asked the PTI lawyer. To which, the lawyer said he was not responsible for the political decisions taken by the party.<\/p>\n

CJP Isa observed that the PTI should have taken up this matter in parliament.<\/p>\n

\n<\/div>\n","protected":false},"excerpt":{"rendered":"

Chief Justice of Pakistan (CJP) Qazi Faez Isa said Tuesday that Islam made it liable for people to consult others before deciding on matters. The CJP\u2019s remarks came during the second live hearing of the proceedings on the petitions challenging the Supreme Court (Practice and Procedure) Act 2023, the law seeking to curtail CJP\u2019s discretionary […]<\/p>\n","protected":false},"author":2,"featured_media":10588,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"om_disable_all_campaigns":false,"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"site-sidebar-layout":"default","site-content-layout":"","ast-site-content-layout":"default","site-content-style":"default","site-sidebar-style":"default","ast-global-header-display":"","ast-banner-title-visibility":"","ast-main-header-display":"","ast-hfb-above-header-display":"","ast-hfb-below-header-display":"","ast-hfb-mobile-header-display":"","site-post-title":"","ast-breadcrumbs-content":"","ast-featured-img":"","footer-sml-layout":"","ast-disable-related-posts":"","theme-transparent-header-meta":"","adv-header-id-meta":"","stick-header-meta":"","header-above-stick-meta":"","header-main-stick-meta":"","header-below-stick-meta":"","astra-migrate-meta-layouts":"default","ast-page-background-enabled":"default","ast-page-background-meta":{"desktop":{"background-color":"var(--ast-global-color-4)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"ast-content-background-meta":{"desktop":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"fifu_image_url":"https:\/\/dailytimes.com.pk\/assets\/uploads\/2023\/10\/2nd-1.jpg","fifu_image_alt":"","footnotes":""},"categories":[9],"tags":[],"class_list":["post-10587","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-updates-news"],"acf":[],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/posts\/10587","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/comments?post=10587"}],"version-history":[{"count":0,"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/posts\/10587\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/media\/10588"}],"wp:attachment":[{"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/media?parent=10587"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/categories?post=10587"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/tags?post=10587"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}