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SC JUDGE ASKS CJP AGAIN FOR FULL COURT OR TO DECIDE ON SC LAW PRACTICE

SC JUDGE ASKS CJP AGAIN FOR FULL COURT OR TO DECIDE ON SC LAW PRACTICE

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In a petition against the new provisions of the National Accountability Ordinance (NAO), Supreme Court Justice Mansoor Ali Shah on Tuesday asked Chief Justice Umar Ata Bandial to make a decision under the Supreme Court Practice and Procedure Act or convene the full court.

With Chief Justice Bandial presiding over a special bench of three, Justice Shah questioned whether or not a full court should be convened to hear the NAO revisions issue.

The chief justice began the hearing by saying that he had been hearing this issue for a long time and that a court had cited a Practice and Procedure Act case. The government’s lawyer, however, agreed with Justice Shah.

On June 1, 2023, the Attorney General of Pakistan (AGP) had mentioned discrepancies between the Supreme Court Law (the Practice and Procedure law) and the Supreme Court Law (the Review of Judgment law). The AGP had asked for a delay, and the chief justice noted that it was now June 8, 2023.

The AGP, he said, had also promised legislative action following the budget session to rectify the situation. When asked whether the court should defer all cases due to a suspended statute or continue its work, he answered, “I do not know what the current (interim) government’s stance on the matter is.”

Find out if CJ will issue mandatory rulings before he retires.

Attorney Makhdoom Ali Khan argued that the court should use extreme caution before ruling that a statute is null and void. He also mentioned that a statute remained in effect until it was changed. To be clear, the chief justice emphasized that the court had not struck down any legislation.

Khan argued that a legislation could not be suspended, even temporarily, and that it would be impossible to halt its execution. According to the chief justice, the Practice and Procedure Act meddled in the inner workings of the Supreme Court.

He continued by saying that the Constitution did not provide for a remedy that was provided by law. The chief judge assured the attorney that he would be able to present his case under the Practice and Procedure Act if he so desired. However, “the question is whether the Supreme Court stop its work,” he continued.

Justice Shah inquired if the injunction should be lifted to hear the case or if a full court should be convened. In the NAB amendments case, “I request the chief justice of Pakistan to give a decision” on the Practice and Procedure Act, or the Supreme Court to convene a full court.

The same thing is needed from us, Khan remarked. When discussing the changes to the NAO, Khan also brought up the NAB’s former authority. He went on to say that nowhere in history had a statute been struck down just because it lightened sentences.

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