Noteworthy Issue Raised by Ayesha Malik J. in Full Court Hearing of Practice and Procedure Bill Case
Автор: Qanoondan
Загружено: 2023-09-26
Просмотров: 3624
Описание:
In the last full court hearing on the Supreme Court (Practice and Procedure) Act, 2023, a noteworthy issue arose.
Section 5 of the Act gives a right of appeal to an aggrieved person against orders made under Article 184(3) of the Constitution.
Mrs. Justice Ayesha Malik asked that if the law is upheld in these proceedings, given that a full bench is hearing this case under Article 184(3), then what would be the effect of Section 5? Does it not mean that the Court itself can decide when it wants to constitute a full bench and block the right of appeal and when it wants to constitute a smaller bench and allow that right of appeal? Is this substantive right left to the mercy of the Court? Doesn’t the right of appeal then become redundant?
The question is yet to be answered in writing by the Attorney General, ASC Mansoor Awan, in the next date of hearing i.e., 3 October 2023.
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