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Supreme Court Judgment on Practice and Procedure Act

53 0
29.12.2023

The recent Supreme Court judgment on Practice and Procedure Act has not only accepted the legislative competence of Parliament for the legislation made under Article 191 of the Constitution for Supreme Court’s internal procedures but also held judgment that the Practice and Procedure Act does not, in any way, violate the Constitution, undercut the Supreme Court’s authority, compromise the judiciary’s independence, or do any of these things; rather, it serves to strengthen the Judiciary, increase its independence, and ensure the enforcement of Fundamental Rights. These conclusions of the Supreme Court would establish new guidelines for the Supreme Court going forward with reference to the interpretation of the law and its relation with Parliament.

The current ruling will usher in a new era of Pakistani justice while also enabling appeals under article 184(3) of the Constitution, and the first time the incumbent Chief Justice of Pakistan has not only surrendered his powers and functions but believed in collective wisdom through an institutional framework which must be appreciated, and the same should be applied and considered for our High Courts as well. This judgment will also enable litigants to resolve their cases at the Supreme Court sooner because the Practice and Procedure Act of 2023 stipulates that applications for causes, appeals, or other matters that allege urgency or request interim relief must be scheduled for hearings within 14 days of the application’s filing.

The current ruling will usher in a new........

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