The
short order issued by the Supreme Court of Pakistan on Wednesday evening has
fully highlighted the effect of the recognition of parliamentary supremacy and
the independence of the judiciary, but experts are waiting for a detailed
decision to answer some questions. The proceedings and judgments of the
Full Court Bench seem to be laying the foundations of new traditions in the
Supreme Judiciary, while the full coverage of the hearings under the Supreme
Court Practice and Procedure Act is making the judiciary feel more
open. The judgment, which was reserved after the hearing of the case was
over and released in the evening, recognized the right of Parliament to
legislate, revealing the fact that Parliament has the power to legislate over
the Supreme Court. And this did not affect the independence of the
judiciary.
The decision was read out by Chief Justice Qazi Faiz Isa. Observers say that the decision of the Supreme Court initiated positive changes in the judiciary and the concept of master of roster has been replaced by the principle of collective wisdom. The Supreme Court Practice and Procedure Act was passed on April 10, 2023 in a joint session of Parliament. The judgment pronounced on Wednesday is an important decision in the judicial history of Pakistan. 15 judges gave the majority decision after a detailed hearing.
Under this, the right of appeal for revision of the judgments of
Somoto cases shall not lie on past judgments. On this subject, different
opinions are being expressed regarding the future of Mian Nawaz Sharif by
examining various laws. According to legal experts, Parliament can make
any law provided it is not contrary to the Constitution. It was also
appreciated that Chief Justice Qazi Faiz Isa himself expressed his willingness
to give his powers.
According
to the verdict delivered on Wednesday, the power to constitute the bench,
adjourn cases and take suo motu notices has been transferred to a three-member
judge committee. In the cases of 3/184, the right of appeal was declared
constitutional. 9 judges supported, 6 dissented for right of
appeal. The decision to apply from the past was rejected by a ratio of
8.7. The remarks made by the Chief Justice during the hearing are
noteworthy and worthy of consideration, he said that the Parliament is not the
enemy of the Supreme Court. People have rights. We forget that the
world works together, why do we look at each other's intentions with negative
thinking, the principle of live and let live has to be adopted, the petitioners
have to prove that the law is wrong, if the parliament wants, a step forward.
Parliament trusted the court, respected the Supreme Court with this law and we
are pulling out the main nail in the constitutional institution.
After
the constitutional petitions filed against the Supreme Court (Practice and
Procedure) Act 2023 were rejected, according to the constitution, the said law
has come into effect from April 10, 2023. The comments and analyzes made
by legal experts have made it clear that the decisions of the Supreme Court are
binding on all. In this whole scenario, the perception of the common man
is that it has become very difficult for the poor man to get justice. Some
stable traditions of the past, good and bad aspects can be found in Jirga,
Panchayat, Mediation, Conciliation methods. But perhaps the justice system
was stable. Today's common man is forced to think that if he was born in a
poor family, is it a crime on the basis of which he cannot even think of
pulling the chain of justice?
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