Islamabad: The Supreme Court Justice of Pakistan has recently released the minutes of its 17th meeting of the Practice and Procedure Committee, which oversees the hearing of cases. The release throws light on the ongoing discussions about review petitions and procedural challenges faced by the judiciary.
According to documents from the meeting
One of the key issues discussed was about scheduling of review petitions concerning specific judicial seats. These are important petitions as they seek to challenge or re-visit decisions made by a court. Justice Mansoor Ali Shah and Justice Muneeb Akhtar highlighted an important aspect that only those 13 judges can hear these review petitions who were part of the initial hearing in the main case. This shows that the original panel should be reviewing decisions again because they know the nitty-gritty of the case.
Moreover, what further comes out from this document is that a full judgment on this particular case has not yet been issued. Thus, this delay in delivering detailed judgment has given rise to more talks regarding when should review petitions be scheduled. After summer vacations will be heard all such pleas ruled by the committee itself through majority vote as per rules so no need for any amendment in them now also most major hearings are held post-recess keeping in view general procedural norms which gives time for preparation and availability of concerned judges.
Chief Justice expressed
However, Chief Justice expressed his dissent about timing these hearings while sharing reservations over it during the meeting itself where he voiced concerns over judges’ holidays coinciding with those petitioned for reviews timing questions raised by one judge against another’s ruling saying the right to review being constitutional must not give way before procedural convenience according to constitution there may never be any vacation holidays at all since every day is supposed to bring justice closer than yesterday but if necessary even vacations may have to go.
On the other hand
Justices Mansoor and Muneeb defended their decision saying that many judges are not available due to continued summer recess. While all involved parties including them cannot participate until after detailed judgment here also traditionally. Only scheduled review appeals once detailed judgment issued is so all parties can participate in the hearing. When it’s time for them it ensures a thorough process under optimum conditions.
The discussions at the meeting highlight a wider debate within the judiciary. How best to balance procedural efficiency against constitutional rights. The Chief Justice’s position reflects an imperative need to deal with review petitions promptly. Justices Mansoor and Muneeb’s stance reveals practical difficulties associated with scheduling during vacation periods. When many judges may be absent from work. What happens in the Supreme Court shows that law is very complex. And many different factors have to be taken into account
