Supreme Court’s Jurisdiction and Transparency Enhancements

Islamabad-Chief Justice of Pakistan Qazi Faez Isa has appointed Justice Amin-Ud-Din Khan to the judges’ committee, taking the place of Justice Munib Akhtar. This change comes after President Asif Ali approved the Supreme Court (Practice and Procedure) Amendment Ordinance 2024, which revises the law governing the powers of the Chief Justice in forming benches.

The recent amendments significantly impact the three-member committee responsible for determining the formation of Supreme Court benches and addressing cases related to human rights. One of the key changes enhances the Chief Justice’s authority to appoint a judge to the committee in the absence of a member, as well as granting the Chief Justice the power to assign specific cases to judges.

A notification from the registrar’s office of the Supreme Court confirmed the composition of the newly established committee, which now includes Justice Mansoor Ali Shah, the senior puisne judge.

In October 2023, the Supreme Court upheld the Supreme Court (Practice and Procedure) Act, 2023. This act was implemented to streamline the functioning of the highest court in the country. The legislation, which was passed by Parliament in April 2023, specifies that a three-member bench, comprising the Chief Justice of Pakistan (CJP) and the two most senior judges of the Supreme Court, will decide whether to take up matters on a suo motu basis.

On Friday, the Information Minister announced that the president had approved changes to the law after receiving the federal cabinet’s endorsement of the ordinance. The government aims to promote public interest and enhance the transparency of the judicial process, as reported by Radio Pakistan. This move is part of a broader initiative to improve judicial efficiency and ensure that cases are handled more systematically.

The minister emphasized that cases will be addressed on a “first-come, first-served” basis, which is expected to lead to more timely resolutions. Additionally, he noted that individuals will be granted the right to appeal any judgments made by the Supreme Court in cases falling under Article 184(3). This provision is significant as it allows for greater accountability and recourse for those affected by the court’s decisions.

These developments reflect ongoing efforts to reform the judicial system in Pakistan, aiming to make it more accessible and fair. The revisions to the bench formation process and the appointment of judges are seen as critical steps towards enhancing the integrity and effectiveness of the Supreme Court.

The changes also indicate a shift in the balance of power within the judiciary, with the amendments designed to provide the Chief Justice with more flexibility and authority in managing the court’s functions. This could lead to more efficient handling of cases, particularly in areas concerning human rights, which are often complex and require careful consideration.

Overall, the appointment of Justice Amin-Ud-Din Khan and the changes to the Supreme Court’s procedural laws mark a pivotal moment in Pakistan’s legal landscape. As the judiciary adapts to these new frameworks, it will be crucial to monitor how these reforms impact the administration of justice and the protection of rights within the country. The government’s commitment to transparency and public interest will be essential in restoring faith in the judicial process among the citizens of Pakistan.

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Article 184(3) of the Constitution grants the Supreme Court original jurisdiction to address issues of “public importance” concerning the enforcement of fundamental rights for the citizens of Pakistan. This provision empowers the court to take on cases that significantly impact the public and uphold individual rights.

Furthermore, the information minister announced that transcripts of proceedings for each case would be recorded and made publicly accessible. This initiative aims to enhance transparency within the judicial process, allowing citizens to stay informed about the court’s deliberations and decisions. By making these transcripts available, the government seeks to foster greater accountability in the judiciary and ensure that the legal proceedings are open to scrutiny. These measures reflect a commitment to improving the judicial system and reinforcing public trust in the legal framework that governs fundamental rights in Pakistan.

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