ISLAMABAD - Pakistan Muslim League-Quaid (PML-Q) Monday prayed to the apex court to dismiss the petitions against the Supreme Court (Practice and Procedure) Act, 2023, as it is constitutional and will only serve to promote the ‘Independence of the Judiciary’, ‘the Rule of Law’, the ‘Right to Access of Justice and Fair Trial’ as guaranteed under the Constitution.
In this regard, Zahid Ibrahim filed a concise statement on behalf of the PML-Q submitting that the Parliament has the right to enact the subject legislation and has done so strictly in accordance with the law and the Constitution.
Zahid contended if the discretion for the exercise of suo motu jurisdiction, the responsibility of allocating work and constitution of benches is shared by the Chief Justice with the two of the senior most judges of the Supreme Court, it will boost the public confidence in the judiciary and further strengthen the ‘Independence of the Judiciary’.
He added that every Chief Justice must ‘give and to share’ the responsibility of allocation of work and constitution of benches in the Supreme Court with his two senior most colleagues as provided in the Section 2 of the Act, added the statement.
On the other hand, Khawaja Tariq Rahim, the petitioner of Raja Amir’s counsel, submitted that the parliament through ordinary legislation cannot change the essence of Article 184 (3) of the Constitution read with Order XXV of the Supreme Court Rules 1980. The Full Court on the last date had directed the counsels of the petitioners and the defence to file their concise statements by September 25. The Full Court will likely to resume the hearing from October 2.
Rahim stated that the Supreme Court Rules have constitutional backing. They were made by the Full Court to ensure that the apex court works within a definite mandate and the overall fundamental objective enumerated in the objectives resolution that the independence of the judiciary is to be fully secured.