Daily Times

A full court hearing is one that takes place in front of all the judges who are currently available. There has been much legal debate and controversy for the last one year for composition of a full court or not full court with reference to the cases initiated or filed under 184(3) of the Constitution by Supreme Court such as Deputy Speaker ruling/ Dissolution of the assembly by the former Prime Minister in April 2022, the interpretation of Article 63A of the Constitution, the Nab Amendments Act 2022, the holding of elections in Punjab and KPK following the dissolution of those assemblies by the respective Chief Ministers, and the Supreme Court (Practice and Procedure) Act 2023.

According to the Supreme Court Rules, 1980, the Chief Justice has the sole authority to establish benches for hearing of all nature of cases including initiated or filed under 184(3) of the Constitution. There are 17 judges in the Pakistan Supreme Court’s constituting full court. The full court encompasses both for the internal administrative matters of the Supreme Court and for the public hearings of cases including highly significant Constitutional and public importance issues, but since 2019, no full court meeting was held.

As per Article 176 of the Constitution of Pakistan, the Supreme Court shall consist of a Chief Justice to be known as the Chief Justice of Pakistan and so many other Judges as may be determined by Act of Parliament. Though there is no cavil with this legal proposition that as per Order XI of the Supreme Court Rules of 1980, each cause, appeal, or matter be heard and decided by a bench of at least three judges appointed by the Chief Justice, but there are many precedents as well where the Chief Justices had called a full court hearing in a number of significant cases involving Constitutional propositions.

It is also very crucial that the Supreme Court must hold its early full court meeting and establish a clear but flexible criteria in Supreme Court Rules, 1980 after through deliberation for choosing cases under Article 184(3) of the Constitution that what is public importance and how basic fundamental rights are to be understood before constituting a bench or a larger or full court hearing as it is a unique application of the power granted by the Constitution with presently no right of appeal under the Constitution. Simultaneously, it is also important that the voice and written observations of other brother judges of Supreme Court ought to have been heard timely as being part of the Supreme Court and in the best interest of the institution.

There is another case which is pending in the Supreme Court pursuant to Article 184(3) of the Constitution for holding the trials of Civilians in Military courts, by having significant legal ramifications, is another appropriate case to be heard by a full court, as the Supreme Court has previously rendered judgments on the subject reported as PLD 1975 SC 506, PLD 2007 SC 405, PLD 1996 SC 714, PLD 2015 SC 401, and 2017 1249 through different benches with the strength of 3, 5, and 17 judges, and now that the petitioners and one of the bench judges have asked for the composition of a full Supreme Court, it becomes even more important.

As Pakistan is a federation as well, it is crucial for the secure and efficient administration of justice and especially the matter has been agitated or initiated as Suo moto under Article 184(3) of the Constitution, and such matters involved Constitutional gravity with specific and significant interpretations are needed that further would have an impact on the Constitutional mechanism and fundamental rights of a large segment of society, then these type of cases and including the above ought to have been heard and decided by a full court of Supreme Court or by all the available judges or at least a diverse bench of good strength for the sake of supremacy of Constitution.

The writer is a practicing lawyer at Supreme Court and has served as Chairman, Federal Excise & Sales Tax Appellate Tribunal and Senior Advisor Federal Ombudsman. He can be reached at: hafizahsaan47@gmail.com.