<\/p>\n
A majority of the analysts approve of the top court’s ruling but some fear it could give “unconstitutional powers” the green light to intrude into judicial space.<\/p>\n
In a majority verdict, the Supreme Court (SC) on Wednesday sustained<\/a> the controversial SC (Practice & Procedure) Act, 2023 \u2014 a law that envisions the formation of a committee of three senior judges to form benches on cases involving constitutional matters of public importance \u2014 and declared it \u201cconstitutional\u201d.<\/p>\n The top court also upheld a section of the law that envisages the right to appeal in future cases, while rejecting the right to appeal in cases already decided.<\/p>\n The verdict comes after all 15 judges of the SC conducted five hearings on petitions challenging the practice and procedure law, that were streamed live on television \u2014 another first.<\/p>\n Here\u2019s what politicians and lawyers had to say about the apex court\u2019s judgement.<\/p>\n PML-N leader Shehbaz Sharif \u2014 during whose tenure the practice and procedure law was passed by the Parliament \u2014 called today\u2019s decision a \u201cwelcome step\u201d.<\/p>\n \u201cIt not only democratises the workings of the Supreme Court itself but also shows due respect to the Parliament, which represents the people of Pakistan.<\/p>\n \u201cIt is important to mention that, according to legal experts, the specific clause under discussion concerning appeals against past judgments does not affect Mian Nawaz Sharif,\u201d he said in a post on X.<\/p>\n Former minister and PPP leader Sherry Rehman said today\u2019s proceedings and verdict had enhanced \u201ctransparency and faded image of the superior court\u201d.<\/p>\n \u201cIt is also an important step forward for Parliament\u2019s supremacy in its first obligation of making laws,\u201d she said on X.<\/p>\n Meanwhile, in a statement released by its Central Media Department, the PTI said today\u2019s verdict had resulted in disappointment for a political party, apparently referring to the PML-N.<\/p>\n \u201cAfter the majority verdict of the SC, the possibilities of conspiracies against Sadiq<\/em> and Amin<\/em> Imran Khan have died,\u201d it stated, adding that now \u201cfake and false\u201d cases against the PTI chairman could not impact the \u201ccertificate of his honesty\u201d.<\/p>\n Lawyer Usama Khawar called the decision \u201ctruly unprecedented and remarkable in many significant steps\u201d.<\/p>\n \u201cFirstly, the manner in which the proceedings were conducted was remarkable. It was for the first time that a public official promised transparency to the public and he delivered despite significant potential risks to his own authority and privileges. He presented the people of Pakistan with the good, the bad, and the ugly of our superior judiciary,\u201d he told Dawn.com<\/em>.<\/p>\n Khawar highlighted that Chief Justice of Pakistan (CJP) Qazi Faez Isa risked \u201cexposing his left flank by forming a full court so early in his career\u201d, noting that \u201cpublic defeat\u201d i.e., becoming a minority in front of the camera would have severely undermined his authority.<\/p>\n \u201cSimilarly, open questioning of the CJP\u2019s authority to conduct the proceedings and the acrimony and bickering amongst judges in the full glare of camera would have also severely undermined his authority,\u201d he said.<\/p>\n \u201cThirdly, it is unprecedented that a person in power has gone to such a great length and taken such risks to divest his own powers and privileges. This is remarkably rare in public affairs in the world arena and even rarer in Pakistan,\u201d Khawar said, adding that the only remotely comparable example was then-President Asif Ali Zardari\u2019s handing over of the presidency\u2019s power to the parliament and prime minister through the 18th Amendment.<\/p>\n He termed CJP Isa\u2019s achievement even more remarkable than Zardari\u2019s at a personal level.<\/p>\n \u201cPresident Zardari was comfortable in his skin and enjoyed complete control of his party and electoral base \u2014 with the PPP solidly behind him and no challenger to him in sight in the party or his base in Sindh \u2014 while Justice Isa\u2019s is not secure, as he found out in these proceedings \u2014 not only was he constantly challenged by Justice Munib Akhtar but he also found himself in minority on the issue of granting of retrospective right of appeal,\u201d the lawyer added.<\/p>\n He further said that, in the short-run, today\u2019s judgment does not immediately prevent PML-N supremo Nawaz Sharif \u2014 who is expected to return to Pakistan in 10 days \u2014 and Jahangir Tareen from contesting elections because of the previous government\u2019s amendment to Section 232<\/a> (Disqualification on account of offences) of the Election Act, 2017.<\/p>\n The amendment limits the disqualification period under Article 62(1)(f) to five years.<\/p>\n \u201cHowever, this amendment contradicts the Supreme Court\u2019s judgment (authored by ex-CJP Umar Ata Bandial) that holds the disqualification under Article 62(1)(f) for life,\u201d he said.<\/p>\n Khawar added that to prevent the elder Sharif from contesting the election, a constitutional court must first declare the amendment unconstitutional.<\/p>\n \u201cUntil then Nawaz is technically eligible to contest elections. The other option available to SC is to take up the petition of the Pakistan Bar Council challenging the lifetime disqualification of parliamentarians. This might not be as easy, legally and politically, as it might sound,\u201d he added.<\/p>\n \u201cThe fact that the process was publicly available for viewing is to be appreciated; in that we have finally let some sunlight in upon what must be known to the public,\u201d lawyer Abdul Moiz Jaferii said.<\/p>\n \u201cThe CJP could have simply sat the full court on its administrative side and updated the Supreme Court rules, rendering these proceedings effectively moot. He could have put together ten judges and undone Justice Munib Akhtar\u2019s order,\u201d he said.<\/p>\n But instead, the lawyer highlighted, the CJP \u201clet everyone see the proceedings \u2014 which for the most part he himself must have found disagreeable \u2014 and allowed every SC judge to have a vote\u201d.<\/p>\n \u201cThis is all commendable,\u201d Jaferii added.<\/p>\n Talking about the decision itself, he said it was hard to identify a winner.<\/p>\n \u201cNawaz Sharif loses his ability to appeal his disqualification. The PTI lost most of its petitions. The court lost its ability to regulate its rules and procedures. The Parliament stands exposed by the minority as a malafide transgressor into the domain of the judiciary. Shehbaz Sharif is suddenly looking good in his suit. Shoes shined and all.\u201d<\/p>\n \u201cIn the end, the house always wins,\u201d he concluded.<\/p>\n \u201cPakistan is a parliamentary system, and its elected representatives have the full right to change whatever they like, including the procedure of the Supreme Court \u2014 subject, of course, to what the court decides,\u201d said Barrister Asad Rahim Khan. \u201cBy dint of the vote, they get to decide what the law should be,\u201d he added.<\/p>\n \u201cBut it is in keeping with parliamentary sovereignty that a law claiming to promote the collective wisdom of the judicial branch should also have been brought about by the collective wisdom of the legislature.\u201d<\/p>\n For Asad, \u201cIt\u2019s not a win for Parliament when the Constitution is amended by a rump assembly fearful of elections, instead of a two-thirds majority.<\/p>\n \u201cNor is it a win for judicial independence when a desperate law is passed to declaw the suo motu<\/em>, right after the judges ordered polls be held in 90 days.\u201d<\/p>\n Meanwhile, Barrister Rida Hosain said that, at its heart, the case was about the independence of the judiciary and the core question was whether the Parliament could regulate the internal workings of the SC.<\/p>\n \u201cCrucially, can Parliament tell the Supreme Court which judges are to constitute benches? The majority has said yes, and in effect, given a green light to obvious intrusion into the judicial space,\u201d she told Dawn.com<\/em>.<\/p>\n Hosain said that in the future, the Parliament can legislate on a whole host of matters relating to the practice and procedure of the apex court.<\/p>\n \u201cIf Parliament can choose the judges it wants on the committee, it is also competent to add or replace judges on the committee. The chief justice repeatedly called questions about the future \u2018conjecture\u2019.<\/p>\n \u201cWith respect, it is not. It is a matter of principle. As a matter of principle, the majority has accepted that the Parliament now sits over the Supreme Court in terms of its practice and procedure,\u201d she said.<\/p>\n Hosain went on to say that the majority had also accepted that going forward, there would be a right of appeal against decisions of the Supreme Court handed down under Article 184(3) of the Constitution.<\/p>\n \u201cThe Constitution does not provide for any such appeal. If the Parliament wanted to create a new constitutional jurisdiction, it should have done so through a constitutional amendment. The difference between ordinary legislation and a constitutional amendment is not a numbers game.<\/p>\n \u201cThe Constitution represents the will of the people for all time (not just their elected representatives at a particular moment). If it is to be altered, the people have said it can only be done through a constitutional amendment and a two-thirds majority,\u201d the barrister added.<\/p>\n Lawyer Basil Nabi Malik said the verdict appeared to balance the various intricacies and complexities involved in the case, whether it was in relation to the Parliament\u2019s competence to legislate on the issue, the constitutionality of the appellate provision in it, or the overall impact on the independence of the judiciary<\/p>\n \u201cHowever, it is worthy to note that although it may be commendable that a serving CJP thought it fit to dilute his own powers whilst in office, this verdict also raises some concerns.\u201d<\/p>\n The lawyer said that in a country which was \u201cwell known for extra-constitutional interferences and unconstitutional influences from behind the scenes, how will this relinquishment of power over practice and procedure, as well the dilution of the CJP office itself, affect the independence of the judiciary in practical terms?\u201d<\/p>\n \u201cHow much ground bona fidely ceded today would augment the power of extra or unconstitutional players? And, will the dilution of the CJP\u2019s office make the judiciary more transparent and powerful, or will it weaken it and open its internal mechanisms to attempted manipulations and influence? These are questions which shall be answered in due time,\u201d Malik stressed.<\/p>\n Lawyer and columnist Salaar Khan recalled that many people had called the practice and procedure law a \u201cperson-specific law\u201d enacted to provide an appeal to former prime minister Nawaz Sharif.<\/p>\n \u201cThey may now seek some solace in knowing that the only part of the law that hasn\u2019t been upheld is the right of appeal in cases already decided,\u201d he said in a post on X.<\/p>\n Lawyer Muhammad Ahmad Pansota said Nawaz could not benefit from today\u2019s judgment.<\/p>\n \u201cHe cannot file an appeal against his Panama disqualification. However, through an act of Parliament, disqualification under 62(1)(f) has been limited to five years, which have lapsed. But interestingly, this legislation is in direct conflict with a Supreme Court judgment. It will get interesting once he files his nomination papers in the elections,\u201d he said.<\/p>\n<\/p><\/div>\n","protected":false},"excerpt":{"rendered":" A majority of the analysts approve of the top court’s ruling but some fear it could give “unconstitutional powers” the green light to intrude into judicial space. In a majority verdict, the Supreme Court (SC) on Wednesday sustained the controversial SC (Practice & Procedure) Act, 2023 \u2014 a law that envisions the formation of a […]<\/p>\n","protected":false},"author":2,"featured_media":13240,"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:\/\/i.dawn.com\/large\/2023\/10\/112053437571a1d.jpg?r=214142","fifu_image_alt":"","footnotes":""},"categories":[13],"tags":[],"class_list":["post-13239","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-top-news"],"acf":[],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/posts\/13239","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=13239"}],"version-history":[{"count":0,"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/posts\/13239\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/media\/13240"}],"wp:attachment":[{"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/media?parent=13239"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/categories?post=13239"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/tags?post=13239"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}\u2018Welcome step\u2019<\/h2>\n
\u2018Verdict doesn\u2019t prevent Nawaz from contesting elections\u2019<\/h2>\n
\u2018Hard to identify a winner\u2019<\/h2>\n
\u2018Not a win for Parliament, nor for the judiciary\u2019<\/h2>\n
\u2018Green light to intrusion into judicial space\u2019<\/h2>\n
Ruling may augment influence of \u2018unconstitutional players\u2019<\/h2>\n
\u2018Not person-specific\u2019<\/h2>\n