Naveed Ahmad Khan
ISLAMABAD: Amid strong protests by Pakistan Tehreek-e-Insaf (PTI) lawmakers, the Joint Sitting of Parliament on Monday passed the Supreme Court (Practice and Procedure) Bill 2023, which aims to curtail the suo motu powers of office of the chief justice of Pakistan (CJP.
Minister for Law and Justice Azam Nazeer Tarar moved the Supreme Court (Practice and Procedure) Bill, 2023 which was passed by the Parliament.
It is to mention that President Dr Arif Alvi had returned the ‘judicial reforms’ bill for reconsideration to the Parliament as per the provisions of Article 75 of the Constitution.
The minister read out the message of the President who returned the bill for reconsideration. He said that bill was discussed in detail in National Assembly and it was also approved by the Senate.
The minister responded to the objections to the bill and said the “President used inappropriate words while returning this bill and used a biased approach”. He said that he should think “as the President rather than a political worker”.
Azam Nazeer Tarar said it was the demand of the bar associations and councils to introduce the bill and they had supported the bill. This bill, he said, was an old demand of the Bar Council which said that the indiscriminate use of 184(3) should be stopped.
The joint sitting of Parliament reconsidered it and passed the legislative proposal. Former Minister for Law and Justice and Senator Farooq H. Naek and JUI-F Senator Kamran Murtaza spoke on the various sections of the bill and were of the view that was the right time of legislation which would ensure reforms in judicial affairs.
MNA Ms. Shaza Fatima Khawaja moved amendments in the bill and the Minister for Law and Justice did not oppose them. He said that these amendments will bring more clarity to the judicial affairs and ensure transparency while forming bench.
However, the amendments moved by JI Senator Mushtaq Ahmed were rejected.
President’s assent
It is mentioned that the President shall give his assent within ten days, failing which such assent shall be deemed to have been given.
Sub-Article 2 of Article 75 of the Constitution of Pakistan states “ When the President has returned a Bill to the Majlis-e-Shoora (Parliament), it shall be reconsidered by the Majlis-e-Shoora (Parliament) in joint sitting and, if it is again passed, with or without amendment, by the Majlis-e-Shoora (Parliament), by the votes of the majority of the members of both Houses present and voting; it shall be deemed for the purposes of the Constitution to have been passed by both Houses and shall be presented to the President, and the President shall give his assent within ten days, failing which such assent shall be deemed to have been given.
The bill
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.