Cabinet approves bill to amend top court’s suo motu powers

ISLAMABAD (Agencies): In a bid to limit the discretionary powers to take suo motu notice by Pakistan’s top judge, the federal cabinet on Tuesday approved the Supreme Court (Practice and Procedure) Bill, 2023, sources told media.

The development came a day after two Supreme Court judges — Justice Syed Mansoor Ali Shah and Justice Jamal Khan Mandokhail — raised questions over the powers of the CJP, saying the apex court “cannot be dependent on the solitary decision of one man, the Chief Justice”. Following the approval, the bill will now be tabled in the National Assembly for clearance from the lower house of parliament.

The sources told that after the approval of the bill a committee comprising three senior judges will take the decision regarding the sou motu notice. Moreover, the amended bill also includes a clause regarding the rights of challenging the notice which could be filed within 30 days and will then be fixed for a hearing in two weeks’ time.

They further added that the house will send the proposed bill to the NA Standing Committee on Law and Justice for further approval — which will meet today (Wednesday) morning under the chair of Chaudhry Mahmood Bashir Virk.
It was also learnt that the standing committee will be tasked to pass the bill tomorrow after which the National Assembly will give its final nod. After the clearance from all platforms, the bill will be tabled in Senate on Thursday for final approval.

According to the bill — a copy of which was seen by TheNews.com — every clause, appeal or matter before the Supreme Court shall be heard and disposed of by a bench constituted by the committee comprising the CJP and two senior judges, in order of seniority. The bill also mentioned that the decision of the committee shall be by the majority. However, the two SC judges in their detailed notes had juxtaposed majority rule with “dictatorship”.

They said: “Taking all decisions only by majority rule is no less dictatorship, and the absolutist approach to controversial issues is the hallmark of extremists.”