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Why did the Government Have to Amend its own Law? Maria Memon's important Report
Why did the Government Have to Amend its own Law? Maria Memon's important Report
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00:00The Supreme Court Practice and Procedure Act, which passed in April 2023, has been changed from an ordinance in September 2024, one year and five months later.
00:10It was only after a year and five months that it was found that the order in it was a hindrance to achieving the political results of that time, so it was changed today.
00:18In Section 2 of the Practice and Procedure Act of 2023, a jailee has been included, according to which,
00:24apart from the Chief Justice, a senior judge and a judge appointed by the Chief Justice of Pakistan will be included in the Supreme Court Committee.
00:31Earlier, the authority of the Suomoto Notice was kept with the three senior judges of the Supreme Court instead of the Chief Justice.
00:38In the ordinance, Section 3 of the Practice and Procedure Act has been amended,
00:42according to which, the causes of infringement of interest must be given prior to the hearing on the cases.
00:47Section 7A has also been added to it.
00:50Under Section 7A, such cases that will be filed first will be heard first.
00:55If a court bench hears a case against its turn, then it will have to give the reason for it.
01:00Section 7B has also been added.
01:03Under Section 7B, a recording of every court case will be made, a transcript will be prepared,
01:08this transcript and recording will be available to the public.
01:13What did the Information Minister, Mr. Tataraj, say while describing the benefits of this ordinance?
01:19The cases that will be filed under 184.3 will have to be stated in writing as to why it is a case of public importance.
01:28Whatever order the Supreme Court will pass, the right of appeal against it has been given.
01:32The proceedings of every case, whatever the judge will say,
01:35their transcript will be made and that transcript will be made available to the public.
01:39Now, the case that will come first will be decided for the first hearing.
01:42Under the Practice and Procedures Act, a committee was formed under the supervision of the Chief Justice of the Supreme Court.
01:47It has been changed.
01:49The Chief Justice will supervise it.
01:51There will be members of the Senior Puny Judges.
01:54The third member of this committee will temporarily include one of the judges of the Chief Justice of the Supreme Court.
02:00The reason for this is that often the third member's signature was not present on the principal sheet.
02:07When this act was being brought in April 2023,
02:11it was said at that time and a plea was taken from the government that
02:15not a single person should have the right to exert it in the Supreme Court.
02:21A committee will decide democratically whether you will make benches,
02:29how the Supreme Court will be run.
02:31Not a single person will have control over it.
02:34At that time, the government ministers used to tell how they were taking this power from one person
02:40and distributing it to the whole committee who had the ability to make benches.
02:45Listen to this.
02:47This law empowers our judiciary.
02:50If our democracy is flourishing in the Supreme Court, it will be because of this law.
02:55One man, one vote.
02:57One dictatorial approach.
03:00What is the will of the Chief Justice?
03:03What is the will of the Chief Justice?
03:06We do not want to break this tradition.
03:08The one-man show that was talked about with this legislation will come to an end.
03:12Social thinking will be strengthened.
03:15Institutions are not strengthened by personalities, they are strengthened by the system.
03:20Three judges are being added.
03:23Members of the Parliament are not being added from outside.
03:27The judges of the Supreme Court are being diluted by one person
03:32and distributed among the members of the three benches.
03:37The rule of law is the right of this animal.
03:40And the lawmaking is the right of this animal, which is being asserted today.
03:47And we were told how all this power is being diluted by one person
03:51and given to the members of that bench, that committee.
03:54After today's ordinance, it seems that the control will be given to one person from the entire committee.
04:01Because the third judge's decision will be made by that person.
04:04So, it seems that the act brought by itself has been reversed in a way.
04:09The balance of power, which was properly rectified by the practice and procedure bill,
04:14has been disturbed again today.
04:17Now, the situation is that this was a very interesting timeline.
04:20This practice and procedure bill was issued with great difficulty.
04:23We know that the Justice Movement and the opposition were not supporting it.
04:27At that time, the President of Pakistan, R. F. Alvi, was not signing on it.
04:30The Supreme Court was also against it at that time.
04:34What happened was that on 30th March, 2023, the practice and procedure bill was approved by the Senate.
04:39On 8th April, R. F. Alvi, as the President of Pakistan,
04:42refused to sign the bill outside the power of the Parliament.
04:46On 13th April, I saw that under the leadership of the former Chief Justice, Umerta Bandyal,
04:50the eight-member bench of the Supreme Court overturned the act.
04:53And stopped the second act.
04:56On 14th April, we saw that the President, R. F. Alvi,
04:58again refused to sign the bill.
05:01On 21st April, after the Parliament,
05:03after a period of approval from the President,
05:05the bill was approved by the Senate and became law.
05:08And then we saw that on 17th September, 2023,
05:11after becoming the Chief Justice of Qazi Faizissa,
05:13a 15-member full-court bench was formed against the practice and procedure act
05:18On 11th October, the full-court bench of the Supreme Court
05:23approved the practice and procedure act in accordance with the law.
05:29So, after a year, what happened was that
05:31under the same law, the control from one person to the committee,
05:35was again given to another person.
05:38Regarding the ordinance, the Supreme Court of Pakistan has a very clear position.
05:42And we present this newspaper to you.
05:45This is the news of Thursday, 10th March, 2022.
05:47It is unlawful to issue an ordinance without a state of emergency.
05:51This position of the present Supreme Court has remained.
05:55They used to think that the ordinance is not a healthy way in the democracy,
05:59when there is a Parliament and other institutions,
06:01in which such laws should be passed after a debate.
06:04So, this Supreme Court, it was used to look down upon the ordinances.
06:07Anyway, this ordinance was amended.
06:09And then we saw that now there has been a change in that committee.
06:12Justice Muneeb has not been made a member of that committee.
06:15Justice Ameen-ud-Din is now in that three-court committee.
06:18And after that, 63 cases will probably be reviewed.
06:22In the Supreme Court, there were very smoky debates at that time.
06:25Because new life was televised.
06:27We also used to watch with great excitement.
06:29So, what was said?
06:30What position did the judges take in that regard?
06:32That how important it is in practice and procedure
06:34to have the power of decision-making of this three-court bench.
06:37Listen.
06:39I will be very happy.
06:40Because if this law is sustained, then my powers will be reduced.
06:44Leaving aside other things.
06:46If this law is abolished, I will become powerful.
06:48There is no shortage of Chief Justice.
06:51I don't want such powers for myself.
06:53If they are whittling down the power of Chief Justice,
06:56instead of one, three people, four people will walk together.
07:00The independence of judiciary has increased.
07:02It has been arranged to move forward with consensus.
07:06Who is the master of the roster?
07:07Three judges.
07:08The committee.
07:09Podigyan committee.
07:10Whatever you want to call it.
07:11Three judges.
07:12Now controls all the affairs.
07:14You say that is good.
07:16That is progress.
07:17I put it to you.
07:18Well, why not the full court?
07:20Put it in the hands of the full court.
07:22Once again, we will decide on our own.
07:24Where we don't want an appeal of any case,
07:27we will make a full bench.
07:29Does that again not amount to a power being exercised by the court itself?
07:33So, the control factor that there is a right of appeal,
07:36it is a substantive right.
07:37How can we just say that that right cannot be exercised?
07:40Earlier, the Chief Justice had the absolute power
07:43to make discretionary choices.
07:46He gathered three judges.
07:49There was no outsider.
07:51It's still the Chief Justice and the two senior most judges.
07:55So, no one's fundamental right is being affected.
07:58Instead, the internal or institutional independence is being strengthened.
08:04At that time, there was a debate in the court
08:07as to who should have control.
08:09Should it be given to a person or to a committee
08:12by dissolving and diluting it?
08:15Anyway, it seems that we are gradually going back to square one.
08:19But they have done a very interesting job.
08:21Instead of changing this law completely,
08:23only the formation of the committee has been changed.