ISLAMABAD: Chief Justice of Pakistan Umar Atta Bandial on Thursday remarked that the government should take the judiciary on board while enacting legislation on its administrative affairs. The observation by the country’s top judge came while hearing petitions challenging the Supreme Court (Practice and Procedure) Act. After 2023, the Attorney General informed the Supreme Court that the government was reviewing the overlapping of parts of the two legislations.
An 8-member bench headed by Chief Justice Justice Ijaz-ul-Ahsan, Justice Muneeb Akhtar, Justice Mazahar Ali Akbar Naqvi, Justice Muhammad Ali Mazhar, Justice Ayesha Malik, Justice Syed Hasan Azhar Rizvi and Justice Shahid Waheed conducted the hearing.
Last month, the government enacted the Supreme Court (Practice and Procedure) Act, 2023, which aims to exercise the original jurisdiction of the Chief Justice under Article 184(3) of the Constitution to issue suo motu notices, as well as curtail the powers of bench formation. Had to do. . The bench suspended the bill on April 13 before it came into force. However, on April 21, the bill became law, despite a court stay on its implementation.
On Thursday, the bench resumed proceedings but adjourned the hearing till next week. Attorney General Mansoor Awan told the court that the government has enacted two laws, namely the Supreme Court (Practice and Procedure) Act 2023 and the Supreme Court (Review of Judgments). Orders) Act 2023. He submitted that there are similarities in the sections on revision and hiring of counsel in both the Acts.
Referring to the Supreme Court (Practice and Procedure) Act, 2023, he said the law was more comprehensive and included provisions related to the internal affairs of the court. Therefore, he submitted, it is necessary to decide which of the two laws can be relied upon. The AG took the stand that the judiciary was not consulted in the legislation related to administrative matters and now amendments will be made in the law in consultation with the Supreme Court.
Appreciating the government’s initiative to review the overlapping of the two legislative sections, the Chief Justice said that there would be no problem as long as the government follows the consultation process. The Chief Justice said that he wants harmony and matters to be resolved through mutual consultation.
The Chief Justice told the Attorney General that if there is any matter related to the administrative affairs of the judiciary, we want our consent to be taken to avoid any trouble. The Attorney General said that Barrister Salahuddin is in the court and can give arguments. On this, Justice Muhammad Ali Mazhar told him that when the matters are resolved through consultation, arguments in the full court will be unjustified and unnecessary.
Justice Muhammad Ali Mazhar further asked the Attorney General whether the government is also reviewing the provision of the Supreme Court (Practice and Procedure) Act, 2023, under which a three-member committee comprising the Chief Justice and two senior-most judges of the Supreme Court should decide. will Cases will be tried by ex officio jurisdiction under Article 184(3) of the Constitution and the constitution of the Bench for it. However, the Attorney General replied in the negative but said that if the court considers it, it can be sent from Parliament. On this, the Chief Justice remarked that he would not do so, if he did so, his opinion would be accepted.
“But there is another way that we should continue our work while you correct your mistakes and see who is faster,” the chief justice told the attorney general in a light-hearted tone.
At the beginning of the hearing, the lawyer of one of the petitioners, Imtiaz Siddiqui, reminded that in the previous hearing, the court had asked the Attorney General for the record of the parliamentary proceedings and debate on the Supreme Court (Practice and Procedure) Bill. On this, the Chief Justice said that it came through media reports that the Parliament refused to provide the record, the Chief Justice said that the court got this record from the website of the Parliament.
“They are kind enough not to delete the record from their website”, remarked the Chief Justice with a smiling face.
Later, the court directed the attorney general to seek further directions from the government and adjourned the matter to next week without specifying a date, but added that an appropriate order on the matter would be passed on Thursday’s proceedings.
Meanwhile, the Pakistan Muslim League-Quaid (PML-Q) on Thursday challenged the Supreme Court (Practice and Procedure) Act, 2023 and requested the Supreme Court to dismiss the petitions. and shall act only to promote the independence of the judiciary, the rule of law, access to justice and the right to a fair trial as guaranteed in the Constitution.
The Muslim League-Q said that under Article 191, Parliament clearly has the right to legislate on matters related to the process and procedure of the Supreme Court, adding that Parliament also has the right to legislate on the subject. And he’s done it hard. Law and Constitution.
