If the practice and procedure is declared constitutional, the bench hearing the NAB case will be an illegal concept
Justice Mansoor Ali Shah issued a written note on PTI chairman’s request against NAB amendments in the Supreme Court. In which Justice Mansoor Ali Shah said that even before the hearing on May 16, the Chief Justice was informed about the reservations on the bench.
In the written note, it was said that the future date of the Practice and Procedure Bill has not been fixed, while the NAB amendment case has been fixed.
Justice Mansoor Ali Shah wrote that the order of suspension of the Practice and Procedure Bill is only of an interim nature, if the law is found valid, it will be applied from the date of implementation and not from the date of the court decision.
The note said that if the practice and procedure were declared constitutional, the bench hearing the NAB case would be an illegal concept
He further wrote that in the presence of Practice and Procedure Act, the NAB amendment case should be heard by the full court. According to the Act, a committee bench consisting of the Chief Justice and two senior judges will be formed for cases under Article 184/3.
Justice Mansoor Ali Shah wrote that the cases related to the interpretation of the constitution under the new law will be heard by at least 5 member bench, I am of the opinion that the cases of 184/3 should not be heard till the decision on the Practice and Procedure Bill.