The Chief Justice of Pakistan has amplified the determination of the Parliament by giving a historic decision on the Practice and Procedure Act. The Supreme Court has fulfilled its promise to the masses. It is to be remembered that the Chief Justice of Pakistan had said on the first day of the hearing of the said Act that he would give a decision according to the merits, which was welcomed by the lawyers and citizens who watched the hearing of the case live on TV.
Yesterday, the Supreme Court Full Court rejected the applications against the Act by maintaining the Practice and Procedure Act after four hearings. It should be remembered that after the arguments of Attorney General Usman Mansoor were completed, the Full Court of the Supreme Court rejected the Practice and Procedure Act.
Judgment was reserved on the petition against the act. On Wednesday, Chief Justice Qazi Faiz Isa while delivering the verdict said that he apologized for the delay as the matter was very technical. is kept Justice Ijazul Ihassan, Justice Muneeb Akhtar, Justice Ayesha Malik, Justice Mazahir Naqvi and Justice Shahid Waheed opposed the Act, while the rest of the judges ruled in favor of the Act and rejected the petitions against the Supreme Court Practice and Procedure Act.
Supreme Court Practice and Procedure Act will not apply retroactively. 7 judges, including Chief Justice Qazi Faiz Isa, Justice Sardar Tariq and Justice Mansoor, supported the application of the past. In addition, the Full Court, by a ratio of 6-9, upheld the right to appeal clause in automatic notice cases (184/3). Justice Ijazul Ahsan, Justice Muneeb Akhtar, Justice Yahya Afridi, Justice Mazahir Naqvi, Justice Ayesha Malik and Justice Shahid Waheed opposed the right to appeal.
After the decision of the Supreme Court, Practice and Procedure Act came into force. Subsequently as the decision came the former ruling party Pakistan Muslim League (N) and the leaders of most parties including Tehreek-e-Insaf, the said decision has been declared as a sign of the strength of the parliamentary system.
In the Procedure Act judgment, the Court recognized the legislative power of Parliament. Azam Nazir Tarar said that the Election Act 2017 has been amended regarding the 5-year disqualification, the law says that where there is nothing in the constitution, it can be extended by legislation.
A very good judgment has been given, the court has recognized the power of Parliament to legislate and the judgment has strengthened Parliament. Pakistan Tehreek e Insaf also supported the court decision of Practice and Procedure Act. Pakistan Tehreek-e-Insaf leader Senator Ali Zafar said That it is a welcome thing that now the Chief Justice will decide on the issue of Article 184-3 through consultation and an appeal can also be filed against the decision.
It should be noted that this law will not apply to past cases including the Panama case, this law will not benefit any particular person. In the full court bench, Justice Ijazul Hassan, Justice Muneeb Akhtar, Justice Ayesha Malik, Justice Mazahir Naqvi and Justice Shahid Waheed opposed the Act while the rest of the judges ruled in favor of the Act and rejected the petitions against the Supreme Court Practice and Procedure Act.
The special thing about the above decision is that for the first time in history a Chief Justice of the Supreme Court of Pakistan has talked about strengthening the Parliament by reducing his powers, which is a very good practice. The Chief Justice has truly dominated the Parliament, which will have a great impact on our future legislation and the strength of the constitution.
If the powers are balanced between the judiciary and the legislature in the same way, then very soon we will solve many issues.