The Law Ministry has officially issued the Supreme Court (Practice and Procedure) Amendment Ordinance 2024 following the president's approval. The amended law mandates that reasons of public interest must be presented before any hearing under clause three of Article 184.
One of the notable changes introduced by the ordinance is the expansion of the chief justice of Pakistan's powers in fixing of cases. Under the new framework, fixing of cases will be decided by a panel consisting of the chief justice, the senior-most judge of the Supreme Court, and a judge appointed by the chief justice. This alteration aims to streamline the decision-making process within the highest court.
Under the amended law, each trial will be recorded, and its transcript prepared.
Also Read: Explainer: What is Supreme Court (Practice and Procedure) Act 2023?
Earlier in the law, a three-member committee of the chief justice and two senior-most judges would decide about fixing cases. Now, the bench will hear the cases, keeping in view their public importance and fundamental human rights. Each case shall be heard in its turn, otherwise the cause shall be shown.
The law now further states that every case and appeal shall be recorded and a transcript prepared. All recordings and transcripts shall be available to the public.
Additionally, sub-clause 2 of Section 5 of the SC (Practice and Procedure) Act, which played a crucial role in rendering the government's appeal inadmissible in the National Accountability Bureau (NAB) amendments case, has been abolished. Clause 2, earlier, limited the right of appeal to the aggrieved party.
The Law Ministry had on Thursday submitted the ordinance to the prime minister and the cabinet.