The Supreme Court (Practice and Procedure) Amendment Ordinance 2024 will be tabled in the National Assembly on Monday. Details of the bill have emerged, according to which cases will be dealt with on a “first-come, first-served” basis.
As per Act 17 amended by Section 2 of the Practice and Procedure Amendment Ordinance 2024, every case in the Supreme Court shall be heard before a special Bench headed by the Chief Justice, as may be determined from time to time.
According to Amendment Section 3 of Act 17 in the Bill, the nature of the case under clause (3) of Article 184 has to be determined by the Bench on a clear and reasonable basis whether the matter is of public importance or not.
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Clause (2) of section 5 has been deleted by the amending section 5, Act 17, some additions have been made in the first clause to further clarify the composition of the Bench,
New Sections 7A and 7B have been added in the Bill, Section 7A lays down lists to make the hearing criteria transparent, cases will be dealt with on a “first come, first served” basis.
Section 7B provides for a record and transcript of the proceedings of the Supreme Court, which can be supplied to the parties concerned on payment of court fees.
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According to the Ordinance, these amendments have been made to make the powers of the Supreme Court more transparent under Article 191 of the Constitution, so that the decisions of the cases under Clause (3) of Article 184 can be made on the principle of public importance.
The Supreme Court Amendment Ordinance 2024 has been promulgated by the President under Article 89 of the Constitution, this Ordinance shall come into force immediately.
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2nd Amendment changes 2024
**Interview with Legal Expert on the Upcoming Supreme Court Amendment Ordinance**
**Interviewer:** Welcome to our program. Today, we’re discussing the significant developments regarding the Supreme Court (Practice and Procedure) Amendment Ordinance 2024. Joining us is Dr. Sara Khan, a legal expert and constitutional law professor. Thank you for being here, Dr. Khan.
**Dr. Khan:** Thank you for having me. It’s a pleasure to be here.
**Interviewer:** The National Assembly is set to table this ordinance on Monday. Can you summarize the key changes that this amendment introduces?
**Dr. Khan:** Certainly. The Amendment Ordinance brings about a new framework for how cases are handled in the Supreme Court. Importantly, it establishes a “first-come, first-served” principle for case hearing, which aims to streamline the judicial process. This means that cases will be prioritized based on their submission date rather than other factors.
**Interviewer:** That’s an interesting shift. How will the special Bench system operate under this new ordinance?
**Dr. Khan:** According to Section 2 of the ordinance, every case will be heard by a special Bench headed by the Chief Justice, allowing for a consistent leadership structure in how cases are adjudicated. The specific composition of these Benches will be determined from time to time, which could help in managing case loads effectively.
**Interviewer:** Section 3 mentions that the nature of the case will need to be established by the Bench based on public importance. What does this mean for litigants?
**Dr. Khan:** This provision aims to prioritize cases that have significant implications for the public. It gives the Bench the discretion to decide if a case should be classified as one of public importance, potentially affecting which cases are heard more urgently. This could benefit litigants whose issues affect a larger segment of society but might raise concerns about consistency and transparency in those determinations.
**Interviewer:** It sounds like a substantial restructuring. What potential impacts do you foresee from these amendments on the judicial system in Pakistan?
**Dr. Khan:** If implemented effectively, these amendments could lead to a more efficient judicial system with quicker resolution of cases. However, the challenge will be in ensuring that the criteria for determining public importance are applied fairly and consistently to avoid arbitrary decision-making. There will also be scrutiny over how these changes affect access to justice for various segments of society.
**Interviewer:** Thank you, Dr. Khan, for sharing your insights on this important legal development. We will definitely keep an eye on how the National Assembly debates and proceeds with the ordinance.
**Dr. Khan:** Thank you for having me. It’s an important topic, and I look forward to seeing how it unfolds.
**Interviewer:** And thank you to our viewers for joining us. We will continue to follow this story as it develops.
