Full court mulls rules today amid little feedback

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• No proposal other than SCBA’s response submitted to SC committee
• Judges, bar councils wary of rules approved by circulation instead of deliberations in full court
• Justice Shah sent letter to CJP on the issue

ISLAMABAD: While the full court comprising all Supreme Court judges is scheduled to meet on Monday afternoon, other than the tweaks suggested by Supreme Court Bar Association (SCBA) to the proposed Supreme Court Rules 2025, no feedback on the matter has been received by the four-member committee that had prepared the draft months ago.

Senior puisne judge Justice Mansoor Ali Shah, however, in a recent strong-worded letter to Chief Justice of Pakistan (CJP) Yahya Afridi had questioned why the historic revision of the 1980 rules was ‘approved by circulation’, rather than after a thorough discussion in the full court.

An informed source said when the draft of the new rules was circulated among the judges for consideration, some senior judges opposed the idea of approving them without a full court meeting, while legal fraternity also expressed reservations about certain provisions.

Subsequently, CJP Yahya Afridi convened a full court meeting on Sept 8 (today) to finalise the rules and reconstituted the four-judge committee under Rule 1(4) of the proposed rules to recommend solutions for any difficulties in implementation.

The same committee comprising Justice Shahid Waheed, Justice Irfan Saadat Khan, Justice Naeem Akhter Afghan and Justice Aqeel Ahmed Abbasi had earlier prepared a comprehensive draft on March 13 of the Supreme Court Rules, 2025 after deliberation and thorough review of the earlier Supreme Court Rules, 1980. However, apart from SCBA, the committee has not received any other suggestions.

The committee had formulated the draft with an aim to enhance transparency, efficiency and overall effectiveness in judicial proceedings. It had invited proposals from judges, office of the Supreme Court, bar councils and associations, keeping in view modern legal requirements and the need for streamlined procedures.

Once the new rules were uploaded on the Supreme Court’s website, various stakeholders, including bar councils and associations raised concerns. Some senior judges were also of the opinion that instead of circulating the draft, the proposals should be discussed in a session of the full court.

The full court, comprising all Supreme Court judges, will meet on Sept 8 (today) at the start of the new judicial year. The meeting will be held on the administrative side in the committee room, not in Courtroom No. 1. Deliberations are expected to begin at 1:00 pm, with the CJP presiding, and will focus solely on written suggestions submitted by SCBA and earlier statements issued by the Pakistan Bar Council (PBC).

It is also expected that a newly-built facility centre in the Supreme Court building will be inaugurated on the occasion of the new judicial year.

On Sept 3, SCBA proposed open inquiries by the Supreme Judicial Council (SJC) into complaints against superior court judges, arguing that open hearings would not only ensure accountability but also uphold the constitutional guarantees of equality before law under Article 25 and the right to fair trial under Article 10A.

According to SCBA, once a complaint is admitted, the SJC should hold open proceedings subject to safeguards of dignity and decorum and decide references within a fixed time frame, preferably six months.

The key reform proposals include rationalisation of court fees demanding withdrawal of the recent increase to ensure inexpensive justice, as seen in Norway and Germany, where only nominal fees are charged.

Published in Dawn, September 8th, 2025

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