ISLAMABAD: Soon after assuming the coveted office of Chief Justice of Pakistan (CJP), Justice Qazi Faez Isa will take up on Monday a set of challenges to the Supreme Court (Practice and Procedure) Act 2023, a bill that requires formation of benches on constitutional matters of public importance by a committee of three senior judges of the court.

The enforcement of the SC (Practice and Procedure) Act, 2023 has been suspended on the April 13 order of an eight-judge Supreme Court bench, headed by outgoing CJP Umar Ata Bandial.

It is expected that a full court comprising all available judges may vacate the suspension order.

When the law was suspended, Justice Bandial had observed that the court had great respect for the Parliament but it also had to examine if any constitutional deviation, violation or transgression had taken place while enacting the SC (Practice and Procedure) Bill, 2023.

CJP Bandial bids adieu on his penultimate day in office

The petitioners had pleaded before the apex court that the concept, preparation, endorsement and passing of the SC (Practice and Procedure) Bill was an act tainted with mala fide. Therefore, the bill should be struck down after declaring it to be without lawful authority and of no legal effect, the petition contended.

Moreover, the federal government cannot frame any law that seeks to interfere or regulate with the functioning of the apex court or the powers exercised by it or its judges including CJP, under the constitution.

Justice Syed Mansoor Ali Shah, at a hearing in the NAB amendment case, had requested the CJP to consider constituting full court to hear the NAB amendment case or wait until the validity of the SC (Practice and Procedure) Act 2023 was decided.

Notices for Sept 18 have already been issued to Attorney General for Pakistan (AGP) Mansoor Usman Awan.

CJP bids adieu

Earlier, on what was penultimate day in office, CJP Bandial had greeted the lawyers and reporters in the courtroom with a final “good to see you”, Dawn.com reported.

Presiding over a hearing alongside Justice Muhammad Ali Mazhar and Justice Ayesha Malik, the CJP took the chance to reflect on his tenure as top judge.

He said he “always worked while keeping God’s pleasure in mind”, adding that it was his duty to do so.

Thanking journalists, he said he “welcomed criticism from the media”. While saying that criticism on verdicts was welcome, CJP Bandial emphasised, “When you criticise a judge, make sure that it is based on facts.”

Published in Dawn, September 16th, 2023