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HomeHeadlinesIn the Practice and Procedure Law case, Justice Ayesha also issued a...

In the Practice and Procedure Law case, Justice Ayesha also issued a dissenting note

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In the Practice and Procedure Law case, Justice Ayesha also issued a dissenting note

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Justice Ayesha Malik issued a dissenting note in the Practice and Procedure Law case.

Justice Ayesha Malik has said in a dissenting note that the right of appeal cannot be given through simple legislation, constitutional amendment is necessary to grant the right of appeal in Article 184/3, under Article 191 of the Constitution the Supreme Court has the authority to make rules. Gives.

In the dissenting note, it was said that the Practice and Procedure Act cannot abolish the constitutional authority of the Supreme Court, the Supreme Court Rules can be amended only by the Full Court. will be done.

He said that the right of appeal of any party cannot be eliminated by the formation of the full court, the purpose of giving the right of appeal in 184/3 will be destroyed by the formation of the full court.

The Supreme Court had issued a detailed judgment in the Practice and Procedure Act case in December last year.

Earlier, Justice Shahid Waheed had also issued a dissenting note in the Supreme Court Practice and Procedure Act case.

Justice Shahid Waheed has said in a dissenting note that judiciary and administrative affairs have been fixed separately by the constitution, increase in judicial jurisdiction is possible only through constitutional amendment, no new jurisdiction can be assigned to the court by simple legislation. , the Judges Committee will be able to form its own rules as per the Practice and Procedure Act. If any member of the Judges Committee is not available, who will take his place? The law is silent.

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