ISLAMABAD: The Senate on Thursday approved the Supreme Court (Practice and Procedure) Bill, 2023, which will limit the discretionary powers of the Chief Justice of Pakistan to take ex officio notices.
After the approval of the National Assembly a day ago, this bill was presented in the Senate today. At least 60 senators approved the bill while 19 lawmakers voted against it.
A motion was made to refer the bill to the Senate Standing Committee on Law and Justice for further discussion before a final vote on the bill, but it was defeated. A motion was then moved for the immediate passage of the bill which was accepted by the majority of the legislators.
After the bill was tabled in the Senate, Prime Minister Nazir Tarar explained that the proposed law automatically provides for the right to appeal in cases and to appoint different counsel in appeals.
However, Leader of the Opposition Dr Shehzad Wasim criticized the bill, saying the government was unable to ensure smooth distribution of wheat and plan to frame rules for the Supreme Court.
“Making rules for the Supreme Court is an indirect attack (on the judiciary). You are trying to create division in the Supreme Court,” claimed Dr Wasim. No. The right of appeal was also given to the Standing Committee in earlier cases.
The Pakistan Tehreek-e-Insaf (PTI) senator said “give the bill to the committee and let it make its own changes” and demanded a vote on the matter.
While the opposition leader was speaking, PTI senators protested in the upper house.
When PTI Senator Ali Zafar was given an opportunity to speak, he said that he had two objections to the bill.
184/3 can only be constitutionally amended. If you pass a law like this, it will be repealed within 15 days,” the senator warned. He further said that the right of appeal can only be given by the constitution.
Zafar said that the Senate Standing Committee had sent a constitutional amendment for the right of appeal. He also warned that the Supreme Court would have to rehear thousands of cases by reopening past cases.
There is also a difference among lawyers on this bill. Such amendments cannot be made without amending the constitution, Zafar said. He added that some of the changes proposed in the bill are illegal.
The senator also objected to the timing of the bill as the Supreme Court election is ongoing.
NA passes bill to clip CJP’s suo motu powers
A day earlier, to increase checks and balances in the higher judiciary, the National Assembly passed the Supreme Court (Practice and Procedure) Bill, 2023, to limit the discretionary powers of the Chief Justice of Pakistan to take ex officio notices. Presented.
The bill was approved a few hours after the approval of the Standing Committee on Law and Justice of the National Assembly.
The bill was introduced by the government when two Supreme Court judges, Justice Syed Mansoor Ali Shah and Justice Jamal Khan Mandukhel, raised questions on the powers of the Chief Justice of Pakistan (CJP), saying that the Supreme Court “alone”. Cannot be relied upon. One man’s decision, Chief Justice.”
The bill
The Bill includes transferring the power of taking automatic notice from the Chief Justice to a three-member committee comprising senior judges.
Further, the bill also includes a provision regarding the right to challenge the decision which can be filed within 30 days and then scheduled for hearing within two weeks.
According to the bill – a copy of which has been seen by JEE News – every provision, appeal or matter before the Supreme Court will be heard and disposed of by a bench constituted by the Chief Justice and a committee consisting of two senior judges in order of seniority. . .
The bill also said that the decision of the committee will be by majority.
The Bill also provided that any matter of exercise of original jurisdiction under clause (3) of Article 184 of the Constitution shall be placed before the Committee constituted under Section 2 and if the Committee is of the opinion that A question of public importance relating to the enforcement of any fundamental right conferred by Chapter I of Part II of the Constitution shall constitute a Bench of at least three Judges of the Supreme Court including members of the Committee. can be included. , for the decision of the matter.
Meanwhile, in cases involving the interpretation of a constitutional provision, the committee will constitute a bench comprising at least five judges of the Supreme Court.
The Bill also allows the party to appoint counsel of his choice to file a revision petition under Article 188 of the Constitution. It should be noted that for this purpose advocate shall mean advocate of the Supreme Court.
“An application pleading urgency or seeking interim relief, filed in a cause, appeal or matter, shall be fixed for hearing within fourteen days from the date of its filing,” the bill read.
