The Supreme Court adjourned the hearing on pleas challenging the Supreme Court (Practice and Procedure) Act 2023 till tomorrow at 11:30 am, 24NewsHD TV channel reported on Monday.
A 15-judge bench, led by Chief Justice Qazi Faez Isa, is conducting the hearing streaming live following the top court directives. The bench consists of Justice Sardar Tariq Masood, Justice Ijazul Ahsan, Justice Syed Mansoor Ali Shah, Justice Munib Akhtar, Justice Yahya Afridi, Justice Aminuddin Khan, Justice Sayyed Mazahar Ali Akbar Naqvi, Justice Jamal Khan Mandokhel, Justice Muhammad Ali Mazhar, Justice Ayesha A. Malik, Justice Athar Minallah, Justice Syed Hasan Azhar Rizvi, Justice Shahid Waheed and Justice Musarrat Hilali.
Pakistan Muslim League-Nawaz lawyer Barrister Salahuddin was presenting arguments
when the top judge observed the rest of the lawyers will be heard tomorrow.
Justice Muneeb Akhtar questioned if the Parliament makes legislation related to the Supreme Court.
Justice Mansoor Ali Shah stressed why people's representatives in the parliament cannot legislate.
"The parliament is the representative forum of the people. Parliament is empowered by the people to legislate and the people can dictate any institution through Parliament," he added
Barrister Salahuddin stressed getting through the Article 67 of the Constitution.
The Attorney General has also referred to this article, Justice Athar said.
"Sometimes we are relying too much on trivial things while interpreting constitutional documents," Barrister Salahuddin said.
The wording of the subject-to-law imposes certain restrictions, Justice Ijazul Ahsan said.
“Parliament is the representative of the people of Pakistan. Can't the people say how the court works, they are the real trustees,” Justice Mansoor Ali Shah said.
It cannot be said that this act would open the way for invalid legislation, Barrister Salahuddin said, adding that the court can nullify it if a law against the constitution is made.
The lack of authority of Parliament and the constitutionality of legislation are two separate things, said Barrister Salahuddin.
There is a right of appeal in the Supreme Court against the high court decision, however, the right of intra-court appeal was also given within the High Court, the Chief Justice observed.
Legislation related to the Supreme Court was declared against the independence of the judiciary, the lawyer said.
Parliament made laws by exercising its powers, the chief justice said.
If Parliament has done this, it has some consequences, Justice Muneeb Akhtar said.
“I have to finish my arguments, the lawyers who come after me are waiting,” Salahuddin said.
“We are adjourning the proceedings of the full court till 11:30 am tomorrow. You are the last lawyer today, complete your arguments,” the Chief Justice told the PML-N lawyer.