ISLAMABAD   -   Chief Justice Qazi Faez Isa on Friday nominated Justice Aminuddin Khan, who is at number four in seniority list of the Supreme Court judges, as the third member of the Committee constituted under the SC Practice and Procedure Act, 2023.

Earlier in the day, President of Pakistan Asif Ali Zardari signed the Supreme Court (Practice and Procedure) Amendment Ordinance 2024 after it was approved by the federal cabinet. The cabinet meeting was chaired by Prime Minister Shehbaz Sharif. The meeting adopted the ordinance “through a circulation” after the Ministry of Law had sent it to the prime minister and cabinet Thursday night. The law introduced a few changes in the Act 2023.

The changes have been made to the three-member judges committee of the apex court which decides on the formation of the SC benches and cases related to human rights. Earlier, the committee comprised Chief Justice of Pakistan and two most senior judges of the Supreme Court. But the newly approved ordinance now allows the chief justice to nominate one member of the committee, from time to time.

A notification was also issued by the top court’s registrar office in this regard which stated that the senior puisne judge — Justice Mansoor Ali Shah — was also among the members of the three-member committee. The ordinance represents a significant step in the government’s efforts to improve the efficiency and transparency of Pakistan’s judiciary, while also addressing key legal issues that have remained unresolved.

According to sources, the meeting of the judges’ committee is expected on Monday (September 23). They said that the ordinance would give the Chief Justice of Pakistan (CJP) additional power to appoint cases. The top judge would have the authority to nominate a judge as a member of a committee, if a member of the committee is absent, they said.

A notable change introduced by the ordinance is the requirement to document as to why a case under Section 184(3) of the Constitution is deemed a matter of public importance before it is heard by the court. A formal order must clarify whether the case involves public interest or human rights issues.

Additionally, the newly approved law grants the right of appeal for any orders passed by the Supreme Court under Section 184(3). To further enhance transparency, the ordinance mandates that a complete transcript of court proceedings, including judges’ remarks and observations, be prepared and made accessible to the public.

The law gave the power of taking suo motu notice to a three-member committee comprising senior judges including the chief justice. It further aimed to have transparent proceedings in the apex court and includes the right to appeal.

Regarding the constitution of benches, the law stated that every case, matter or appeal before the apex court would be heard and disposed of by a bench constituted by a committee comprising the CJP and the two senior-most judges. It added that the decisions of the committee would be taken by a majority.