CJP Qazi Faez Isa Expands Judicial Powers in Pakistan

In a significant development for Pakistan's judiciary, Chief Justice Qazi Faez Isa has taken a decisive step by nominating Justice Aminuddin Khan as the third member of the newly formed Committee under the Supreme Court Practice and Procedure Act, 2023. This move comes on the heels of President Asif Ali Zardari signing the Supreme Court (Practice and Procedure) Amendment Ordinance 2024, which was approved by the federal cabinet during a meeting chaired by Prime Minister Shehbaz Sharif.

The recent amendments to the Act introduce notable changes to the structure and functioning of the three-member judges committee of the Supreme Court. Previously, this committee consisted of the Chief Justice and the two most senior judges. However, the newly approved ordinance now empowers the Chief Justice to nominate one member of the committee as needed. This change is expected to enhance the efficiency and responsiveness of the judiciary in addressing pressing legal matters.

According to the notification issued by the registrar's office of the Supreme Court, Justice Mansoor Ali Shah is also a member of this committee. The ordinance aims to improve the transparency and effectiveness of the judicial process in Pakistan, addressing long-standing legal issues that have often been mired in ambiguity.

One of the key features of the ordinance is the requirement for judges to document the reasons why a case is considered a matter of public importance before it is heard in court. This means that a formal order must clarify whether the case involves public interest or human rights issues. Additionally, the law now grants the right of appeal for any orders passed by the Supreme Court under Section 184(3) of the Constitution, which is a significant step towards ensuring fairness in judicial proceedings.

Moreover, the ordinance mandates that a complete transcript of court proceedings, including judges’ remarks and observations, be prepared and made accessible to the public. This move is expected to foster greater transparency in the judicial process, allowing citizens to stay informed about the workings of the highest court in the land.

Furthermore, the law stipulates that every case, matter, or appeal before the Supreme Court will be heard and disposed of by a bench constituted by the Chief Justice and the two senior-most judges. Decisions made by this committee will be determined by a majority vote, ensuring that a diverse range of perspectives is considered in judicial decision-making.

As the judiciary in Pakistan continues to evolve, these changes represent a crucial step towards enhancing the integrity and accountability of the legal system. By empowering the Chief Justice with additional responsibilities and ensuring that judicial proceedings are transparent and well-documented, the government is taking significant strides to restore public confidence in the judiciary. The upcoming meeting of the judges’ committee, expected on September 23, will be closely watched as it marks the beginning of a new chapter in Pakistan's legal landscape.

The amendments introduced by the Supreme Court (Practice and Procedure) Amendment Ordinance 2024 not only aim to streamline judicial processes but also reflect a commitment to uphold the principles of justice and transparency. As these changes take effect, it is hoped that they will lead to a more efficient and fair judicial system that serves the interests of all citizens in Pakistan.