ISLAMABAD:
Chief Justice of Pakistan (CJP) Yahya Afridi has opted against referring challenges to the 26th Constitutional Amendment to the full Supreme Court, despite a prior committee decision supporting the move.
According to official correspondence between the CJP and senior judges Justice Syed Mansoor Ali Shah and Justice Munib Akhtar, Afridi argued that convening a full court could undermine judicial collegiality and invite unnecessary public scrutiny.
The Practice and Procedure Act (PPA) 2023 committee, chaired by Afridi, had met on October 31, 2024, but the CJP maintained that under Article 191A, such petitions must be heard by the Constitutional Bench, not the full court. He said forming benches through the PPA committee or summoning the full court would breach constitutional provisions.
Afridi noted that he had consulted all 13 Supreme Court judges — nine agreed the cases belonged before the Constitutional Bench. He also confirmed plans to ask the Judicial Commission of Pakistan (JCP) to nominate additional judges to join the bench.
Justice Mansoor Ali Shah, in minutes dated May 20, 2025, called for “meaningful consultation” under the PPA and proposed measures for urgent matters, including having the next senior judge attend meetings in a member’s absence. The committee accepted his view on non-delegation of powers but disagreed with his other proposals.
Supreme Court Issues New Rules 2025
Separately, the apex court has introduced the Supreme Court Rules 2025, replacing the 1980 rules to reflect modern legal, constitutional, and technological needs.
The overhaul—involving 280 amendments, 60 new provisions, and removal of outdated rules — was developed by a committee led by Justices Shahid Waheed, Irfan Saadat Khan, Naeem Akhter Afghan, and Aqeel Ahmed Abbasi, in consultation with the bar councils and associations.
Key changes include:
- Mandatory electronic filing of petitions and documents.
- Digital issuance of notices, orders, and certified copies.
- Allowing pleadings, hearings, and affidavits via video link.
- Updated court fees (first in decades) and fee exemptions for certain petitions.
- Intra-Court Appeals for Article 184(3) and contempt cases.
- One review petition per judgment, with penalties for frivolous filings.
- Registrar empowered to enforce procedures, recall ex parte orders, and oversee staff.
The new rules aim to streamline procedures, modernize court operations, and improve accessibility.
