In a recent and high-profile hearing at the Supreme Court of Pakistan, Chief Justice Qazi Faez Isa made a significant plea for maintaining the integrity of legal proceedings. The case at hand revolved around petitions challenging a law that was perceived as an attempt to curtail the powers of the Chief Justice, and the hearing shed light on the importance of allowing lawyers to complete their arguments without interruptions.
A 15-judge full court, led by Chief Justice Isa, assembled to deliberate on nine challenges presented against the Supreme Court (Practice & Procedure) Act of 2023. This event was even streamed live on television, underscoring its significance and public interest.
The law in question, passed by parliament in April, sought to amend the process by requiring a committee of three senior judges to form benches for constitutional matters of public importance and suo motu notices, among other changes. However, many petitioners viewed this as an encroachment on the authority of the Chief Justice.
During the hearing, Chief Justice Isa emphasized the importance of allowing counsels to complete their arguments before being questioned. He noted that the interruption of legal discourse could hinder the court’s ability to make informed decisions. Justice Isa urged his fellow judges to give the lawyers a fair opportunity to present their cases.
The hearing also delved into the broader context of parliamentary legislation and the challenges it can face. Chief Justice Isa expressed the view that Parliament should not be discouraged from enacting legislation simply because it lacks a two-thirds majority. He further noted the historical backdrop of legal challenges to parliamentary authority, highlighting those martial laws had often resulted in complete surrender.
Despite Chief Justice Isa’s intention to conclude the case in a single day, it had to be adjourned to another session due to time constraints, emphasizing the complexity and significance of the matter at hand.
While the hearing continued, the lawyers presented their arguments, with MQM-P’s lawyer Faisal Siddiqui advocating for the dismissal of the petitions on merit. Chief Justice Isa’s call for uninterrupted arguments echoed throughout the proceedings as he stressed the importance of listening to counsels thoroughly before forming opinions.
Throughout the hearing, questions were raised about the balance of power and the independence of the judiciary. The role of the Chief Justice in forming benches and the influence of the Parliament in this regard were subjects of debate. Justice Isa asked whether the Supreme Court rules were binding on an apex court bench and probed into the issue of the Chief Justice’s authority in calling a full court meeting.
In conclusion, this significant hearing in the Supreme Court of Pakistan highlights the ongoing debate surrounding the balance of power and the independence of the judiciary. Chief Justice Isa’s call for uninterrupted legal discourse serves as a reminder of the importance of allowing lawyers to present their cases comprehensively, ensuring a fair and just legal process. As this case continues to unfold, it will undoubtedly shape the future of judicial proceedings in Pakistan.
