Justice Hasan Azhar Rizvi has issued a dissenting note in the Supreme Court Practice and Procedure Act case, particularly challenging the provision granting the right of appeal in cases falling under Article 184(3), reported 24NewsHD TV channel Thursday.
The dissenting note, spanning 13 pages, raises concerns about the constitutionality of the Act.
Justice Rizvi expressed his reservations, asserting that allowing the right of appeal in Article 184(3) cases is in direct conflict with Article 8 of the Constitution.
He argued that such a provision should not be introduced through simple legislation and declared the section providing the right of appeal in the Supreme Court Practice and Procedure Act as unconstitutional.
"The right of appeal in cases under Article 184(3) cannot be granted through simple legislation. Doing so would infringe upon constitutional rights and requirements," stated Justice Hasan Azhar Rizvi in his dissenting note.
He further emphasized that providing the right to appeal in cases falling under Article 184(3) would be a violation of constitutional rights and requirements.
While Justice Rizvi agreed with the majority judgment on various aspects, he took exception to the declaration of sub-clause 2 of section five as null and void.
The dissenting note highlighted that petitions against the right of appeal in Article 184(3) cases are permissible under Article 184, adding a layer of complexity to the ongoing legal debate.
Reporter: Amanat Gishkori