- CJP says court will examine whether draft law violates Constitution
- Issues notices to major political parties, AGP, PBC, SCBA, other respondents
ISLAMABAD: The Supreme Court of Pakistan on Thursday ruled against the implementation of the Judicial Reforms Bill, following an eight-page order issued by an eight-member larger bench headed by Chief Justice of Pakistan Umar Atta Bandial.
The ruling came after the initial hearing on the Supreme Court (Practice and Procedure) Bill 2023 case, following four petitions – filed by Advocate Khawaja Tariq Rahim and others.
An eight-judge bench led by Chief Justice of Pakistan Umar Atta Bandial includes: Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Sayyed Mazahar Ali Akbar Naqvi, Justice Mohammad Ali Mazhar, Justice Ayesha A. Malik, Justice Syed Hasan Azhar Rizvi, and Justice Shahid Waheed took up the petitions against of the Supreme Court (Practice and Procedure) Bill, 2023.
The written order stated that the bill would not be implemented, regardless of whether the President signs it or not.
The Supreme Court issued notices to major political parties including Pakistan Muslim League-Nawaz (PML-N), Pakistan People’s Party (PPP), Jamiat Ulama-e-Islam (JUI-F), Muttahida Qaumi Movement-Pakistan (MQM-P), Balochistan Awami Party (BAP), Pakistan Muslim League-Quaid (PML-Q) and Pakistan Tehreek-e-Insaf (PTI).
The hearing of the case was adjourned till May 2.
Chief Justice of Pakistan Umar Ata Bandial, while hearing the plea against the Supreme Court (Practice and Procedure) Bill 2023, observed that the apex court holds parliament in high esteem.
The court also issued notices to the federal government, Attorney General for Pakistan Mansoor Awan, the Pakistan Bar Council, the Supreme Court Bar Association and other respondents in the case.
The Supreme Court (Practice and Procedure) Bill 2023 aims at curtailing chief justice of Pakistan’s power to take suo motu motice.
Four petitions against the bill have been filed in the Supreme Court.
Earlier during proceedings, Chief Justice Umar Ata Bandial observed the Supreme Court will examine whether a draft law clipping his office’s powers violates the Constitution of Pakistan.
The bill, which has been passed by parliament and sent to the president for assent, cuts down the chief justice’s powers to constitute panels, hear appeals or assign cases to judges in his team, according to a copy of the bill.
The statement by Justice Bandial on Thursday was made after the federal government rejected several identical petitions against the legislation.
During the hearing, the judge noted the importance of judicial independence but also expressed respect for parliament. Lawyers for petitioners, Azhar Siddique and Imtiaz Rashid Siddiqui, and Awan appeared before the court.
Siddiqui presented his arguments, saying the case was of great importance in the current scenario. He noted that since the restoration of the National Assembly last April, the political divide and crisis had escalated, with the government and the Election Commission of Pakistan (ECP) unwilling to hold polls in Punjab and KP.
He further highlighted that a deeper crisis had arisen after the Supreme Court’s instructions to hold elections, with the court and judges personally criticised.
The lawyer contended that the proposed legislation was an attempt to interfere with the independence of the judiciary. Under the new law, decisions regarding suo motu cases and bench formation would be taken by a three-member committee.
He argued that whether the president assented or not, the proposed act would eventually become part of the law. The Supreme Court was empowered to ensure that justice prevailed, and all institutions were bound to adhere to the court’s orders, he contended.
The court has superior jurisdiction under Article 184(3) of the Constitution. The present case was aimed at clipping the CJP’s powers. The lawyer requested the bench to stop the law ministry from notifying the bill into law until the case was wrapped up.
Prime Minister Shehbaz Sharif’s government is involved in a row with the Supreme Court over the holding of snap polls in two provinces where former prime minister Imran Khan had dissolved the governments this year in a bid to force early elections.
The government claims it is not economically viable to hold snap elections first ahead of a general election due in October.
