SC Committee takes key decisions regarding formation of benches, court working

Supreme Court of Pakistan Saturday released the minutes of the 4th meeting of the Committee constituted under section 2 of the Supreme Court (Practice and Procedure) Act, 2023 (the Act') held on 30th November, 2023 in the Chamber of Hong)le Chief Justice.

The meeting was attended by Justice Qazi Faez lsa, Chief Justice /Chairman, Justice Sardar Tariq Masood, Senior Puisne Judge/Member, Justice Ijaz ul Ahsan, Next Senior Judge/Member and Ms. Jazeela Aslam, Registrar/Secretary.

The meeting took key decisions for the formation of benches and working of the Supreme Court.

Here are the decisions taken by the committee:

Fixation of Intra Court Appeals under Section 5 of the Supreme Court (Practice & Procedure) Act, 2023 

For constitution of larger benches to hear the intra court appeals under the Act, arising out of Constitution Petitions regarding trial of civilians under the Army Act, 1952, the Committee decided that a larger Bench will be constituted by the Hon'ble Chairman and Justice Sardar Tariq Masood. Regarding the Intra Court Appeal and the Review Petition challenging military court punishments shall be heard first by a Bench comprising Judges whose judgement is sought to be reviewed, thereafter the Intra Court Appeal be fixed.

Regular Benches

The regular Civil and Criminal Benches constituted earlier shall continue hearing the pending civil and criminal cases on the basis of first in first out.

Issuance of Court Roster after receiving notice of absence/leave of any Hon'ble Judge 

In case of non-availability of any Judge, the Court Roster will be issued after seeking approval of the Chairman and Members through circulation.

Winter Vacation

The Court Roster for winter vacations 2023 at Islamabad and Branch Registries will be prepared after Registrar/Secretary ascertains availability of Judges.

Constitution of Larger Bench and Special Benches

The Committee considered the cases annexed in the list for constitution of larger Benches and issued directions with regard to them.

Clarification with regard to maintainability

The Office/Registrar shall determine the maintainability of appeals/petitions. Those cases which are determined by the Registrar to be non-maintainable, and in respect of which Chamber appeals are filed, these appeals shall be fixed for Chamber hearing as per the directions of the Hon'ble Chief Justice.

Cases requiring interpretation of the Constitution

Those cases which involve interpretation of the Constitution shall be placed before the Committee.

Petition under Article 184(3) of the Constitution

Any matter coming within the scope of Section 3 of the Supreme Court (Practice and Procedure) Act, 2023, whether by way of a constitutional petition or otherwise, including any matter numbered as HRC and/or HRMA, shall be scrutinized first by the Registrar who shall forward it to the Committee for its consideration and recommend whether there is any objection to its maintainability, and if there is, specify it.

Reporter: Amanat Gishkori