Pakistan Peoples Party (PPP) Senator Farooq H Naek has tabled a bill in the Senate, seeking a constitutional amendment to the regulation of Supreme Court’s discretionary suo motu powers under Article 184(3) to provide a right of appeal to the aggrieved party in such cases.
The bill suggests that a three-member bench shall be constituted to take the suo moto order and in the event an appeal has been made, filed within thirty days, it should be heard by a five-member bench of the apex court, adding that no decision shall be taken during this period.
The bill, which has been referred to the relevant Senate Standing Committee for consideration, proposes that the exercise of the suo motu cases should be determined in such a manner that it provides a procedure for an appeal against the order, and on how the bench be constituted and what should be the composition of the bench which takes up cases under Article 184(3) of the Constitution.
It is pertinent to note that earlier, former chief justice Asif Saeed Khosa had also suggested proposals to amend Supreme Court Rules 1980 for giving right of appeal against the decisions which would be given under Article 184 (3) of the Constitution.
However, during the tenure of incumbent CJP Gulzar Ahmed, no full court meeting was summoned to discuss the matter regarding the regulation of SC jurisdiction exercised under Article 184 (3) of the Constitution.
Besides, Naek has also suggested raising the retirement age from 62 to 65 by amending Article 195 of the Constitution.
Regarding amendment of Article 175A of the Constitution, it is suggested that the constitution after the words “Chief Justice of Pakistan” the words “and other Judges of the Supreme Court in accordance with their seniority which shall be determined with reference to their dates of appointment as a Judge of the high court and in case the dates of appointment are the same with reference to their age.” be inserted.