ISLAMABAD (Agencies): The National Assembly of Pakistan Friday notified Supreme Court (Practice and Procedure) Bill, 2023 in spite of a stay order that an 8-member bench of the top court granted in response to identical pleas challenging constitutionality of the legislation.
A week ago while grating stay order in the matter, the eight-member bench of the Chief Justice of Pakistan (CJP) Umer Ata Bandial issued notices to the Federal Government, Attorney General for Pakistan (AGP), political parties, Pakistan Bar Council (PBC) and the Supreme Court Bar Association (SCBA) in response to pleas challenging the Supreme Court (Practice and Procedure) Bill, 2023.
The CJP led bench has termed the bill ‘interference with and intrusion into the independence of the judiciary.’ However, the Supreme Court (Practice and Procedure) Bill, 2023 – curtailing CJP’s suo motu powers has become a law on Friday after being passed by the National Assembly (NA), fulfilling all the necessary requirements and regulations. The National Assembly of Pakistan shared the bill’s copy on its official Twitter handle.
National Assembly Secretariat notified that the bill of the Majlis-e-Shoora (Parliament) deemed to have been assented by the president (with effect from April 21, 2023) under Clause (2) of the Article 75 of the Constitution of Islamic Republic of Pakistan. President Dr Arif Alvi, for a second time, refused to give his assent to Supreme Court (Practice and Procedure) Bill, 2023 and sent it back to parliament, maintaining that the matter was now sub judice before the apex court. The bill was approved by the federal cabinet on March 28 and then lower and upper houses passed the instrument.
However, the president refused to sign it into law with the observation that it travelled “beyond the competence of parliament”. Later, a Joint Sitting of Parliament passed the Supreme Court (Practice and Procedure) Bill 2023 again on April 10. Three days later, the Supreme Court (SC) barred the government from implementing the Supreme Court (Practice and Procedure) Bill, 2023. The passed bill – the Supreme Court (Practice and Procedure) Bill, 2023 – aims at giving the power of taking suo motu notice to a three-member committee comprising senior judges including Chief Justice. It also aims to have transparent proceedings in the apex court and includes the right to appeal.
Regarding the constitution of benches, the bill states that every cause, matter or appeal before the apex court would be heard and disposed of by a bench constituted by a committee comprising the CJP and the two senior-most judges. It added that the decisions of the committee would be taken by a majority. Regarding exercising the apex court’s original jurisdiction, the bill said that any matter invoking the use of Article 184(3) would first be placed before the above-mentioned committee. The bill says that if the committee is of the view that a question of public importance with reference to the enforcement of any of the fundamental rights conferred by Chapter I of Part II of the Constitution is involved, it shall constitute a bench comprising not less than three judges of the Supreme Court of Pakistan which may also include the members of the committee, for adjudication of the matter. The bill additionally said that a party would have the right to appoint its counsel of choice for filing a review application under Article 188 of the Constitution.
SC bill formally becomes a law
