Apex court docket’s Justice Yahya Afridi points extra observe after detailed verdict on regulation curbing CJP’s powers
- Justice says Parliament should undertake “proper course” to supply attraction rights.
- “Offering proper of attraction towards SC order a optimistic thought,” choose says.
- He says Part 5 is extremely vires and “of no authorized impact”.
ISLAMABAD: Hours after the Supreme Court docket’s detailed verdict within the case pertaining to the regulation clipping the chief justice of Pakistan’s (CJP) powers, Justice Yahya Afridi on Wednesday night issued a further observe, stating that offering the proper to attraction is feasible by way of constitutional modification.
“With utmost respect for Parliament, I declare that Part 5 of the Act has been enacted by Parliament past its unusual legislative energy conferred on it beneath the Structure; part 5 of the Act is, subsequently, extremely vires the Structure, and thus of no authorized impact,” the justice stated in a 24-page observe.
The stated part grants a proper of attraction retrospectively towards an order handed by a high court docket bench exercising jurisdiction beneath clause (3) of Article 184 of the Structure, whereas its sub-section (2) vests a proper of attraction to any aggrieved particular person towards whom an order has been handed beneath clause (3) of Article 184 of the Structure previous to the graduation of the Act, offering retrospective impact to such train of proper.
Nevertheless, Justice Yahya is of the view that the Parliament should undertake the “proper course”, which he stated is to “amend the Structure” to supply a proper of attraction towards orders handed by the highest court docket.
“I could point out right here that offering a proper of attraction towards an order handed by this Court docket in its unique jurisdiction is, little question, a optimistic thought to higher guarantee the necessities of truthful trial and due course of; however in pursuit of a optimistic end result, the regulation not lower than the basic and supreme regulation of the land – the Structure – can’t be disregarded,” the observe learn.
The apex court docket’s full court docket bench — comprising all 15 judges of the apex court docket — had on October 11 declared the SC (Follow and Process) Act 2023, as “constitutional” with a 10-5 majority.
The apex court docket had struck down a piece coping with retrospective impact of the regulation, in its determination.
5 members of the bench — Justice Ijazul Ahsan, Justice Muneeb Akhtar, Justice Sayyed Mazahir Ali Akbar Naqvi, and Justice Ayesha A Malik, and Justice Shahid Waheed — had opposed the regulation of their judgments on the pleas difficult the regulation.
By a majority of 8-7 — CJP Justice Qazi Faez Isa, Justice Sardar Tariq Masood, Justice Syed Mansoor Ali Shah, Justice Amin-ud-Din Khan, Justice Jamal Khan Mandokhail, Justice Athar Minallah, and Justice Musarrat Hilali dissenting — sub-section (2) of part 5 of the Act (granting a proper of attraction retrospectively) was declared to be extremely vires the Structure.
By a majority of 9-6 (Justice Ahsan, Justice Akhtar, Justice Afridi, Justice Naqvi, Justice Malik, and Justice Waheed dissenting) sub-section (1) of part 5 of the Act (granting a proper of attraction prospectively) was declared to be in accordance with the Structure.