SC (Practice and Procedure) Act 2023 ‘unconstitutional’

Author: Agencies

Terming the Supreme Court (Practice and Procedure) Act 2023 “unconstitutional”, Chief Justice of Pakistan (CJP) Umar Ata Bandial on Tuesday remarked that the former government tried to interfere in the court’s jurisdiction via the act, a private TV channel reported.

CJP Bandial made the remarks while hearing former prime minister Imran Khan’s — who was removed from office via a no-confidence motion last year in April — plea challenging the former government’s amendments to the National Accountability (NAB) Ordinance. At the outset of the hearing, the top judge noted, “There was an attempt to interfere in the court’s jurisdiction by expanding the ambit of appeal in the Supreme Court (Practice and Procedure) Act 2023.” A three-member top court bench comprising CJP Bandial, Justice Mansoor Ali Shah and Justice Ijazul Ahsan, resumed hearing the petition filed last year by Khan against the amendments to NAB law.

“The attorney general himself had admitted that there are flaws in the SC (Practice and Procedure) Act 2023,” he stated. The top judge said that the attorney general had said that the Nation Assembly would review the act but the assembly did not do so. “I am unaware of the caretaker government’s stance on the law,” he added. Later the top court adjourned the hearing till today. During the course of proceeding, CJP Bandial, while addressing Advocate Khawaja Haris, said, “Good to see you. I hope that I will not be targeted for saying this.” Earlier, the country had witnessed a heated debate when the CJP had exchanged greetings with former premier by saying “good to see you” during his appearance before the top court. After heavy criticism, the CJP had to clarify his cordial greeting to Khan. “I hold everyone in high esteem as respect and courteousness are important for everybody,” the CJP had added.

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