Law: Constitution of Pakistan, 1973

Section: 184(3), 191

Tag Line Effect of suspended Supreme Court (Practice and Procedure) Act, 2023 on pending proceedings—whether ongoing bench should continue hearing or await decision on constitutionality of the Act. Summary At the outset, the Supreme Court considered whether proceedings in a pending constitutional petition under Article 184(3) should continue in light of the Supreme Court (Practice and Procedure) Act, 2023, which introduced changes regarding bench constitution and right of appeal. An earlier Eight-Member Bench had suspended the operation of the Act through interim orders dated 13.04.2023 and 02.05.2023 while examining its constitutionality. Majority View (Chief Justice & Justice Ijaz-ul-Ahsan): Since the Act is currently suspended, it has no operative effect. The Court is bound to comply with the interim suspension orders. The present petition, already heard extensively (around 50 hearings), should continue before the same bench. Changing bench composition at a final stage is unnecessary and against judicial propriety. Concluding proceedings serves public interest and judicial economy. Dissenting View (Justice Syed Mansoor Ali Shah): The Act, if ultimately upheld, would apply retrospectively (being procedural law). Non-compliance with Sections 3 & 4 may render the proceedings coram non judice (without jurisdiction). There exists a serious risk of nullity of the judgment. To avoid this uncertainty, the Court should: Either adjourn proceedings until the constitutional validity is decided, or Refer the matter to a Full Court Bench. ORDER; At the outset of the hearing, the learned counsel for the parties, namely, Mr. Khawaja Haris Ahmad, Sr. ASC and Mr. Makhdoom Ali Khan, Sr. ASC were requested to make their respective submissions on the question raised by one of us (Justice Syed Mansoor Ali Shah) in his separate note dated 18.08.2023 regarding the perceived effect of the Supreme Court (Practice and Procedure) Act, 2023 (“Procedure Act”) on the…