A Larger Bench of three judges of the Supreme Court is currently hearing the NAB Amendment case. One of the Judges, Mr. Syed Mansoor Ali Shah, has raised questions over the constitution of the bench and has said that the Parliament has enacted The SC Practice and Procedure Act, 2023, which was suspended by an eight-judge bench. The suspended act is procedural in nature and such acts are mostly applicable to the ongoing cases, meaning they have retrospective effects as well. Thus, the same might be applicable to the NAB Amendment case too. Since, the Act provides a special mechanism for the constitution of benches for the cases filed under Article 184 (3), hence the current bench in NAB Amendment case filed under Article 184 (3) ought to wait till the fate of the SC Practice and Procedure Act is decided.
Here is the Note and the Short Order.
const.p._21_2022_29082023
