SC issues verdict about legislation curtailing CJP power

ISLAMABAD: The Supreme Court on Wednesday issued a detailed verdict concerning the legislation that curtails the powers of the Chief Justice of Pakistan (CJP), asserting that the “Master of Roster concept is alien to the Constitution” and cannot supersede the constitutional framework, even if it is a customary notion.

This verdict pertains to the SC (Practice and Procedure) Act 2023, which was decided in October, with a full court bench consisting of all 15 judges of the apex court, confirming the law as “constitutional” with a 10-5 majority.

The court had invalidated a section related to the retrospective effect of the law in its decision.

Five members of the bench, including Justice Ijazul Ahsan, Justice Muneeb Akhtar, Justice Sayyed Mazahir Ali Akbar Naqvi, Justice Ayesha A Malik, and Justice Shahid Waheed, expressed dissenting opinions on the law in response to pleas challenging it.

With a majority of 8-7, including CJP Isa, Justice Sardar Tariq Masood, Justice Syed Mansoor Ali Shah, Justice Amin-ud-Din Khan, Justice Jamal Khan Mandokhail, Justice Athar Minallah, and Justice Musarrat Hilali dissenting, sub-section (2) of section 5 of the Act (granting a right of appeal retrospectively) was deemed ultra vires the Constitution.

By a majority of 9-6, with Justice Ahsan, Justice Akhtar, Justice Yahya Afridi, Justice Naqvi, Justice Malik, and Justice Waheed dissenting, sub-section (1) of section 5 of the Act (granting a right of appeal prospectively) was declared in accordance with the Constitution.

In the 22-page detailed verdict authored by CJP Isa, it was emphasized that the term “Master of the Roster” is not found in the Constitution, any law, or rules. The verdict argued that the Constitution does not empower the Chief Justice to act entirely at his discretion, stating, “The Master of the Roster concept is alien to the Constitution, and even if it is considered a convention, it cannot override the text of the Constitution.”

The verdict highlighted that concentrating power in an individual leads to disastrous consequences and noted that undermining the legitimacy, integrity, and credibility of the judiciary causes irreparable damage to both the judiciary and the people of Pakistan.

The Act was deemed fully compliant with the Constitution, with the verdict stating that it has facilitated access to justice, increased transparency, made the realization of fundamental rights more effective, and enhanced the independence of the Supreme Court.

The SC (Practice and Procedure) Act 2023, among its provisions, grants the power of taking suo motu notice to a three-member committee comprising senior judges, including the Chief Justice. It aims to ensure transparent proceedings in the apex court and includes the right to appeal.

The constitution of benches, the exercise of the apex court’s original jurisdiction, and the process for appeals were outlined in the Act. Notably, the provision allowing the right of appeal retrospectively was struck down by the court.