In a historic move, the Supreme Court of Pakistan witnessed a groundbreaking event as the full court, comprising all 15 judges, allowed the live telecast of proceedings related to petitions challenging the SC (Practice and Procedure) Act 2023. This contentious law aims to regulate the suo motu powers of the CJP. Led by Chief Justice Qaez Faez Isa, the full court commenced the hearing broadcast live on state television PTV, marking the first instance of such openness in the country’s judicial history.
The apex court declared the petitions seeking a full court hearing admissible. CJP Isa stated that the decision to conduct a full court hearing was made during the full court meeting. The hearing commenced with fresh arguments, given the formation of a new bench. Before the hearing, the Attorney General for Pakistan, Mansoor Usman Awan, submitted the federal government’s response, urging the court to dismiss the petitions against the Supreme Court Practice and Procedure Act.
In preparation for this unprecedented event, the courtroom (courtroom number one) was equipped with a comprehensive live broadcasting setup. Five cameras were installed within the courtroom, providing varied angles to capture the proceedings. Four cameras were placed in the visitors’ gallery. At the same time, another was set up for the lawyers’ rostrum in front of the judges’ docks.
During the hearing, critical questions were raised regarding the Act’s constitutionality and potential implications. Some key discussion points included the division of powers between the judiciary and parliament, the right to appeal, and the extent of authority vested in the Chief Justice.
Advocate Khawaja Tariq Rahim, representing the petitioners, delved into the details of the Act and its potential conflicts with the Constitution. He highlighted concerns regarding the Act’s impact on the Supreme Court’s rules of practice and procedure, emphasizing the need to balance parliamentary legislation and judicial authority.
The case centres on the Supreme Court (Practice and Procedure) Act 2023, a legislation that aimed to redefine the powers and procedures of the Chief Justice of Pakistan in matters of public interest, particularly suo motu cases. The Act introduced a mechanism for the Constitution of benches, appeals, and reviews concerning these cases.
The law granted a three-member committee of senior judges the authority to take suo motu notices. It was designed to ensure transparent proceedings within the apex court and included provisions for the right to appeal. The Act also stipulated the establishment of a committee to determine benches and handle appeals.
The live telecast of proceedings in the Supreme Court, especially one of such significance, marks a transformative step towards openness and transparency in Pakistan’s judicial system. This historic event sets a precedent for more transparency and public engagement in legal matters of national interest. As the hearing progresses and legal arguments unfold, this move is anticipated to instil greater public confidence in the judicial process while enhancing accountability and understanding of critical legal reforms.