In a significant development, the Supreme Court of Pakistan delivered a comprehensive ruling on the Practice and Procedure Act, with Chief Justice Qazi Faez Isa authoring a detailed 21-page judgment. The ruling delves into key aspects of the Act, particularly focusing on Article 184-3, which grants the right to appeal against decisions.
Notably, a division emerged among the judges, with Justices Mazahir Naqvi, Ayesha Malik, and Shahid Waheed opposing the idea of sharing the Chief Justice’s powers. The crux of the disagreement revolves around Article 184-3, where six judges expressed dissent, while a majority of nine judges deemed the right to appeal as constitutional.
The dissenting judges, including Ijazul Ahsan, Muneeb Akhtar, and Yahya Afridi, contested not only the sharing of Chief Justice’s powers but also the retroactive provision for the right to appeal. On the other hand, the decision highlighted the support of Justices Qazi Faez Isa, Sardar Tariq Masood, Mansoor Ali Shah, Aminuddin Khan, Jamal Khan Mandokhail, Athar Manullah, and Musrrat Hilali for the right to appeal.
This ruling sets the stage for continued debate and legal discourse, as the judiciary navigates the intricacies of procedural matters and the distribution of powers within the court.
