Justice Mansoor Ali Shah asks CJP to wait until decision on SC Practice Procedure Act . Suggests that in the interim urgent matters can be heard by a full court . The outgoing government had enacted the Supreme Court Practice and Procedure Act with a perceived aim of clipping the chief justices powers to form benches and fix any case before him .
The bill was passed by the parliament earlier this year . However an eightjudge bench including the CJP stayed the bills implementation after a set of three petitions challenging it . In such an eventuality incumbent CJP Umar Ata Bandial might not be able to decide those since he is set to retire in the middle of next month .
Justice Shahs also referred to his opinion in the case of civilians trials in military courts where he had made the same suggestion . He hoped the C JP would consider the request earnestly. Justice Shah also hoped the judge had earlier made a request to CJP Ur Urgent Hearing on the former prime minister Imran Khans challenge to the National Accountability Ordinance law would have to be heard afresh by a new full court bench .
In all fairness to the parties of this case the judge observed he consider it appropriate to give an opportunity to them to assist the court on the question of whether the court should continue hearing this case or should this case should be adjourned until the court first decides the constitutionality of the act .
The judge observed . The law would take place from the law . If the court decided that the law was in line with its implementation its implementation would take its implementation to be decided to be . to be implemented its implementation in April not from the date of its implementation.
The judge also noted that if the bill would take a decision on the law its implementation .
