ISLAMABAD: Justice Syed Mansoor Ali Shah has stated the Supreme Court (Practice and Procedure) Act, 2023, being a procedural law also applies to pending cases under Article 184(3) of the constitution.
A three-judge bench, headed by Chief Justice Umar Ata Bandial, and comprising Justice Ijazul Ahsan and Justice Syed Mansoor Ali Shah, on Friday, (August 18, 2023) heard former prime minister Imran Khan’s petition against the amendments in the National Accountability Ordinance (NAO), 1999.
During the hearing of the case, Justice Mansoor had emphasized that a Full Court hear the petitions against the amendment in NAB law in light of the Act.
On Saturday, he issued his note, which states; “I am aware that the operation of the Act has been suspended by an eight-member Bench of this Court. It is, however, clear that the suspension order of the eight-member Bench is an interim measure.”
SC defers all Article 184 (3) cases till changes in rules
He wrote; “If ultimately the Court upholds the constitutional validity of the Act, which is an equally possible outcome with that of the possible decision of its constitutional invalidity, the Act would take effect from the date of its enforcement, not from the date of the decision of the Court.”
“In case the Act is held to be valid, the decision of this Bench, which is not constituted as per the procedure prescribed and strength of Judges required under the Act, in the present matter, may arguably be coram non judice and thus a nullity in the eye of law. In order to avoid such an anomaly, I was of the view that the cases under Article 184(3) of the Constitution should not be heard till the case dealing with the constitutional validity of the Act is decided, or if some urgency requires that a case under Article 184(3) of the Constitution must be heard, it would be prudent and appropriate if it is heard by a Full Court Bench.”
Justice Mansoor also wrote; “That is why I recorded my opinion in Const. Petitions No.24-26 of 2023 (Trial of Civilians in Military Courts case) on 22 June 2023 thus: “I am of the opinion that until this Court decides the constitutionality of the Supreme Court (Practice and Procedure) Act 2023, Section 3 of which has prescribed the procedure for invoking original jurisdiction of this Court under Article 184(3) of the Constitution, all such matters under this jurisdiction must be heard by the Full Court Bench of this Court.”
“I, therefore, had made a request to the Chief Justice of Pakistan on the Bench to constitute a Full Court Bench, for hearing the present case, which I hope his lordship would consider earnestly,” said the note.
He wrote that in all fairness to the parties of this case, I also consider it appropriate to give an opportunity to them to assist the Court on the question whether this Bench should continue hearing this case or should this case be adjourned till the Court first decides the constitutionality of the Supreme Court (Practice and Procedure) Act, 2023, or in the alternate, should a Full Court Bench hear this case pending decision on constitutionality of the Act. The counsel for the parties is to come prepared on the next date to address the court on this question.
Copyright Business Recorder, 2023
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