ISLAMABAD, Pakistan: The Supreme Court of Pakistan on Wednesday dismissed the petitions challenging the Supreme Court (Practice & Procedure) Act 2023 by a majority decision of 10-5.
A full Court of the Supreme Court headed by the Chief Justice of Pakistan Qazi Faez Isa heard the matter.
In a short order, the majority judges declared that the Supreme Court (Practice & Procedure) Act 2023 is sustained as being in accordance with the Constitution and to this extent the petitions are dismissed.
Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Syed Mazahar Ali Akbar Naqvi, Justice Ayesha A Malik and Justice Shahid Waheed dissented.
The majority judges decided against the provision of law wherein the right of appeal was given retrospectively. So, no appeal can be filed against Panama judgement.
It’s worth noting that the Supreme Court (Practice & Procedure) Act 2023 requires a Committee of Senior judges of the Apex Court including the Chief Justice to form benches for Constitutional matters of public importance and taking Suo Motu Notice.
“By a majority of 10 to 5 (Justice Ijaz ul Ahsan, Justice Munib Akhtar, Justice Sayyed Mazahar Ali Akbar Naqvi, Justice Ayesha A. Malik and Justice Shahid Waheed dissenting) the Supreme Court (Practice and Procedure) Act, 2023 is sustained as being in accordance with the Constitution of the Islamic Republic of Pakistan and to this extent the petitions are dismissed,” the Apex Court’s short order stated.
“By a majority of 9 to 6 (Justice Ijaz ul Ahsan, Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi, Justice Ayesha A. Malik and Justice Shahid Waheed dissenting) sub-section (1) of section 5 of the Act (granting a right of appeal prospectively) is declared to be in accordance with the Constitution and to this extent the petitions are dismissed,” it ruled.
“By a majority of 8 to 7 (Chief Justice Qazi Faez Isa, Justice Sardar Tariq Masood, Justice Syed Mansoor Ali Shah, Justice Amin-ud-Din Khan, Justice Jamal Khan Mandokhail, Justice Athar Minallah and Justice Musarrat Hilali dissenting) sub-section (2) of section 5 of the Act (granting a right of appeal retrospectively) is declared to be ultra vires the Constitution and to this extent the petitions are allowed.”
