The Chief Justice, Mr. Faiz Isa, has initiated hearings in the SupremeCourt on applications against the Practice and Procedure Act. JusticeEjaz-ul-Hassan remarked that Parliament can create rules, but it cannotlegislate rules.
The authority to make changes in the existing law resides only with theSupreme Court. Justice Faiz Isa met with 5 judges of the Islamabad HighCourt. Chief Justice stated that the Constitution grants the Supreme Courtthe authority to establish its practice and procedure.
When the Supreme Court formulates rules beyond the Constitution, everyoneshould remember that the rules remain within the purview of theConstitution. Justice Ejaz-ul-Hassan argued that the Constitution confinesthe Supreme Court to legislate rules and laws based on its practice andprocedure. The Chief Justice inquired why Article 184(3) was used inPakistan. Is the reference to human rights seal in the Constitution or theSupreme Court Rules? What was the past use of Article 184? If someone makesan error, can Parliament correct it, just like the United States? Providean example from Pakistan; if the Supreme Court makes a mistake, canParliament correct it?
The Chief Justice has also summoned the Attorney General to the rostrum.However, Advocate Umtiaz Siddiqui objected to the delay in providingevidence, leading to a heated exchange between Chief Justice and AdvocateUmtiaz Siddiqui.
The lawyer for the petitioner, Umtiaz Siddiqui, said, “I have noobjection. You said earlier that we will listen to the Attorney Generalfirst and then listen to me. Not hearing us is unjust.”
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The Chief Justice responded, “Where is it written in the order that youhave to be heard first? You can see how you conduct yourself with us. Thereis a way to speak.” The Chief Justice told Advocate Umtiaz Siddiqui, “Lookat the past. A person comes and stamps Parliament with rubber stamps. Thisdoesn’t happen in America. Our past is very worn out.
The Supreme Court Bar itself did not take a request.” The hearing of theSupreme Court Practice and Procedure Act case concluded at 11:30 AM.