ISLAMABAD: President Asif Ali Zardari on Friday signed into law the Supreme Court (Practice and Procedure) Amendment Ordinance 2024, legislation widely believed to have curtailed the powers of the country’s senior judiciary and which was passed by parliament last year but blocked by the top court.
The Supreme Court (Practice and Procedure) Act 2023 was passed in the last days of the first term in government of Prime Minister Shehbaz Sharif. However, before the law could be enacted on April 21, 2023, an eight-member bench constituted by then Chief Justice Umar Ata Bandial issued a stay order on it on April 13, 2023.
“Every cause, appeal, or matter before the Supreme Court shall be heard and disposed of by a Bench comprising the Chief Justice of Pakistan, the next most senior judge of the Supreme Court and a Judge of the Supreme Court nominated by the Chief Justice of Pakistan from time to time,” the ordinance, which was signed into law, said.
One provision, which is widely seen as limiting the power of Supreme Court judges to initiate cases of public importance or fundamental laws on their own through suo moto proceedings, said a bench hearing a matter under Article 184(3) of the constitution would decide and identify through a “reasoned and speaking order” the question of public importance in the case and what fundamental right it was seeking to enforce.
Article 184 of the constitution confers original jurisdiction, the authority to hear a case at its initiation, often referred to as Public Interest Litigation, in the form of judicial review to Pakistan’s Supreme Court. Clause (3) of Article 184 is cited as the source of suo motu powers. In essence, it gives the apex court the extraordinary power to assume jurisdiction over any “question of public importance with reference to the enforcement of any fundamental right”.
Under the new law, each case would be heard in turn, that is the cases filed first will be heard first, and a reason furnished for taking up cases out of turn. All hearings will be recorded and transcripts publicly available.
Hearings on petitions against the Supreme Court (Practice and Procedure) Act 2023 began in September 2023 and were broadcast live by Pakistan’s state television.
Chief Justice Qazi Faez Isa had taken up the petitions challenging the law as his first order of business shortly after taking oath the same month and had constituted a full-court bench of the apex court comprising all 15 judges.
Much-debated Pakistan Supreme Court Practice and Procedure Ordinance becomes law
https://arab.news/b5eqf
Much-debated Pakistan Supreme Court Practice and Procedure Ordinance becomes law
- Supreme Court cases to be heard by bench comprising chief justice, next most senior judge and SC judge nominated by CJ
- The law is widely seen as curtailing the powers of the senior judiciary to initiate cases on their own through suo moto proceedings
Pakistan highlights Gwadar transshipment role as shipping routes face disruption over regional tensions
- Pakistani ports possess “untapped potential” to attract global shipping lines for transshipment operations, says minister
- Pakistan eyes leveraging Gwadar as regional transshipment hub as Iran’s closure of Strait of Hormuz disrupts global maritime trade
KARACHI: Pakistan’s Maritime Affairs Minister Junaid Anwar Chaudhry on Thursday highlighted the importance of the port city of Gwadar’s transshipment role as major shipping routes, including the Strait of Hormuz, face disruption due to Iran’s ongoing conflict with the US and Israel in the Gulf.
The meeting takes place as Iran has effectively closed the Strait of Hormuz, a strategic waterway that lies between it and Oman. It is one of the world’s most critical oil transit routes, with roughly 20 percent of global oil supplies passing through it. Iran has vowed it will attack any ship that enters the strait, causing energy prices to rise sharply on Monday amid disruptions to tanker traffic in the waterway.
Gwadar is a deep-sea port in Pakistan’s southwestern Balochistan province that lies close to the Strait of Hormuz. Pakistani officials have in the past highlighted Gwadar’s geostrategic position as the shortest trade route to the Gulf and Central Asia, stressing that it has the potential to become a regional transshipment hub.
Chaudhry chaired a high-level meeting of government officials to assess emerging logistical challenges facing Pakistan’s trade, particularly in the energy sector, amid tensions in the Gulf.
“Special focus was placed on fully leveraging the potential of Gwadar Port as a regional transshipment hub and positioning it as an alternative of regional instability,” Pakistan’s maritime affairs ministry said in a statement.
The minister said Pakistani ports possessed “significant untapped potential” to attract international shipping lines for transshipment operations, noting that it could also ensure long-term sustainability and growth of the country’s maritime sector.
Participants of the meeting discussed measures to strengthen Pakistan’s position as a viable alternative transit and transshipment destination, as key waterways are affected by the disruption.
The committee also reviewed proposals to amend relevant rules and regulations to facilitate international transshipment operations through on-dock and off-dock terminals.
The chairmen of the Port Qasim Authority, Karachi Port Trust and Gwadar Port Authority attended the meeting, briefing committee members on the current operational readiness of their ports. They spoke about the available capacity for container transshipment, bulk cargo handling and refueling services at Pakistani ports.
The port in Gwadar is a central part of the China-Pakistan Economic Corridor (CPEC), under which Beijing has funneled tens of billions of dollars into massive transport, energy and infrastructure projects in Pakistan.
Pakistan has long eyed the deep-sea port as a key asset that can help boost its trade with Central Asian states, the Gulf region and ensure the country earns valuable foreign exchange.
