Law: Supreme Court (Practice and Procedure) Act (XVIIof 2023).

Section: 2

Law: Constitution of Pakistan, 1973

Section: 191A

(a)  Supreme Court (Practice and Procedure) Act (XVII of 2023)---

----S. 2---Constitution of Pakistan, Art. 191A---Partly heard case, fixing of--- Committee to constitute Benches---Jurisdiction---Dispute pertained to withdrawing a partly heard case from regular Bench of Supreme Court and fixing the same before Constitutional Bench of Supreme Court---Held, that once a case is assigned to a Bench and that Bench has taken seisin (assumed jurisdiction) of the matter and partly heard it, Chief Justice (of Supreme Court) cannot unilaterally withdraw it and reassign it to another Bench except under judicially recognized circumstances--

-This practice is firmly rooted in high Constitutional value of judicial independence whereby a Bench enjoys freedom and independence to adjudicate upon a lis it has taken cognizance of---When a Bench is seized of a case and has partly heard it, the matter becomes part of judicial proceedings and the Bench hearing the case assumes exclusive jurisdiction over it---Any interference, whether through withdrawal or reassignment, without judicial justification undermines the principle of judicial independence---Such practice imposes significant limitation on administrative powers of Chief Justice---While the Chief Justice has the authority to regulate formation of Benches and allocate cases as an administrative function, these powers do not extend to withdrawing or transferring part heard case from a Bench that has already assumed jurisdiction---Withdrawal or reassignment is not merely an administrative act but a judicial one---Any such action must either stem from a judicial order passed by the Bench seized of the matter or be supported by express statutory authority if carried out by another Court or authority--- Committees constituted under section 2 of Supreme Court (Practice and Procedure) Act, 2023 and Article 191A of the Constitution lack authority to withdraw a case that has been partly heard, where cognizance has already been taken by a regular Bench, and transfer it to another Bench unless the Bench itself refers the case to the Committees for its assignment to another Bench for some justifiable reasons---Part heard cases may include those where serious questions of Constitutional law concerning jurisdiction of regular Bench have been framed, some arguments on those questions have been heard and hearing has been adjourned for further arguments---Supreme Court referred the matter to Chief Justice of Pakistan to convene Full Court to deliberate and decide on such serious issue warranting collective and institutional deliberation of all Judges of Supreme Court---Matter was disposed of.

Asad Ali v. Federation of Pakistan 1998 SCMR 15; Asad Ali v. Federation of Pakistan 1998 SCMR 130; Human Rights Case No. 14959-K of 2018 PLD 2019 SC 183; Pir Sabir Shah v. Shad Muhammad Khan PLD 1995 SC 66; Fazlul Quader Chowdhry v. Abdul Haque PLD 1963 SC 486; Marbury v. Madison 5 US 137 [1803]; Contempt proceedings against Syed Yousaf Raza Gillani PLD 2012 SC 553; M.Y. Shareef v. Hon'ble Judges of The High Court of Nagpur AIR 1955 SC 19; Zikar v. Government of State of M.P. AIR 1951 Nag 11; M. Ranka v. Hon'ble