In acase against NAB amendments, Justice Mansoor Ali Shah of the Supreme Court Has issued a note in which he has demanded a halt to the hearing of all proceedings on the case of the practice and procedure Act until a final decision is made.According to Abbtakk News, in the two-page note,Justice Mansoor stated that if it is deemed necessary to hear the proceeding under Article 184,Clause Three, of the Practice and Procedure Act, a full Court should be constituted.
It should be noted that prior to this, the nominated Chief Justice Qazi Faez Isa and Justice Sardar Tariq Masood had also given their opinions on the case of the Practice and Procedure Act.
Justice Mansoor Ali Shah stated in his written note that we are hearing the case against NAB amendments since July 19, 2022. On March 16, Parliament enacted the Practice and Procedure law, and under Section 3 of the law, a three-member bench chaired by the Chief Justice will be constituted for hearing the proceedings under Article 184(3). Under Section 4 of the Practice and Procedure law, a five-member larger bench will hear the proceedings related to the interpretation of the constitution.
The note mentioned that after the enforcement of the Practice and Procedure law, I informed the Chief Justice of Pakistan about my reservations regarding hearing the previous proceedings of the Tramemi case on May 16. The hearing of the case on May 16 was postponed. It was my opinion that further hearing of the NAB Tramemi case should be done after the decision of the Practice and Procedure law. Without deciding the case of the Practice and Procedure law, the hearing of the NAB Tramemi case was postponed, and the Practice and Procedure law applies to all sub-judice cases, including the NAB Tramemi case.
Justice Mansoor stated that I am aware that an eight-member larger bench has issued a restraining order against the Practice and Procedure law. The restraining order against the Practice and Procedure law is a temporary order. The Practice and Procedure law can be declared as correct or incorrect on a constitutional basis. If the Practice and Procedure law is declared correct, the decision regarding the NAB Tramemi case will be applicable from the date of its enforcement rather than the date of the Supreme Court’s decision. If the Practice and Procedure law is declared correct, the decision of the NAB Tramemi case, along with all related proceedings, will be considered null and void in the eyes of the law.
The judge of the Supreme Court said that my position is that until a decision is made on the proceedings of Article 184(3) of the Practice and Procedure law, they should not be heard arbitrarily. If it is necessary to hear the proceedings under Article 184(3), a full court should be constituted for the hearing of such proceedings. I had given my opinion on June 22 in a case against military courts. I request the Chief Justice of Pakistan to constitute a full court for the hearing of the NAB Tramemi case. I hope that the Chief Justice will seriously consider my request.
The note by Justice Mansoor stated that the bench’s composition should also be discussed with the lawyers of the parties in the NAB Tramemi case. Whether the current bench should decide the NAB Tramemi case or the case of the Practice and Procedure law should be formed first, or a full court should be constituted, lawyers from both sides should come prepared on this legal point for the upcoming hearing.
The Supreme Court, while issuing the order for the hearing of the NAB Tramemi case yesterday, ordered the applicant to gather written answers to judicial questions under the May 16 order. The federal government’s lawyer requested the dismissal of the NAB Tramemi case, seemingly due to no action taken on the May 16 judicial order. For an expedited hearing of the case, the federal government’s lawyer is given one week to gather written responses. On August 29, the federal government’s lawyer will present evidence
