On Friday, the National Assembly issued a notification to convert the bill abolishing the powers of the Chief Justice of Pakistan (CJP) into an Act.
The Supreme Court (Practice and Procedure) Act 2023 finally came to an end when the National Assembly Secretariat informed that the Majlis Shura (Parliament) Bill had been approved by the President (with effect from April 21, 2023) under Clause (2) of the Article 75 of the Constitution of Islamic Republic of Pakistan.
The bill was approved by the Federal Cabinet on March 28 and then passed by both houses of Parliament – the National Assembly and the Senate – only for the President to refuse to sign it into law with the observation that it was “Parliament is beyond the scope of.”
However, a joint session of Parliament re-approved it on April 10 with some amendments amid uproar from PTI lawmakers. After that it was again sent to the President for his approval. However, he once again returned the bill without signing it.
According to the Constitution, if the President refuses to sign the bill for the second time after it has been approved by the Joint Parliament, it will be approved within 10 days.
On 13 April, the Supreme Court stopped the government from enacting the law, saying that the bill would “prevent a threat which is irreversible” once it becomes an Act of Parliament.
“The moment a bill receives the assent of the President or is deemed to have been given such assent, from that moment and until further orders, the Act in force shall have no effect, shall not be taken shall not be granted. Nor shall it be acted upon in any manner whatsoever,” read the interim order issued by the eight-judge bench.
Chief Justice of Pakistan Umar Atta Bandyal said that the court has a lot of respect for the Parliament but it also has to see if there has been any constitutional deviation, breach or violation while implementing the Supreme Court (Practice and Procedure) Bill, 2023. The Bench had observed.
A bench comprising Justice Ijaz Ul Ahsan, Justice Muneeb Akhtar, Justice Syed Mazahar Ali Akbar Naqvi, Justice Muhammad Ali Mazhar, Justice Ayesha Malik, Justice Syed Hasan Azhar Rizvi and Justice Shahid Waheed remarked that it seems that any such authority under the Constitution Not the one who allows. Parliament will give appellate jurisdiction to the court, which is now being created.
A copy of the act shared by the National Assembly Secretariat said that the act would come into force at once.
The act
The purpose of the Supreme Court (Practice and Procedure) Act, 2023 is to empower a three-member committee comprising senior judges, including the Chief Justice, to take automatic notice. It also aims at transparent proceedings in the Supreme Court and includes right of appeal.
Regarding the constitution of benches, the Act states that every cause, matter or appeal before the Supreme Court shall be heard and disposed of by a bench constituted by a committee consisting of the Chief Justice and the two most senior judges. It further said that the decisions of the committee will be taken by majority.
Regarding the original jurisdiction of the Supreme Court, the Act stated that any matter invoking Article 184(3) would first be placed before the Committee.
The Act states that if the Committee is of the opinion that a question of public importance is involved in respect of the enforcement of any of the Fundamental Rights conferred by Chapter I of Part II of the Constitution, it shall constitute a Bench which shall at least Three judges of the Supreme Court, which may also include members of the committee, for the decision.
On matters where interpretation of the Constitution is required, the Act said the committee would constitute a bench of at least five Supreme Court judges for the task.
Regarding an appeal from any decision of the Supreme Court exercising jurisdiction under Article 184(3), the Act stated that an appeal must be filed within 30 days of the order of the Bench to a larger Bench of the Supreme Court. It further states that the appeal shall be fixed for hearing within a period of not less than 14 days.
It further stated that this right of appeal shall also extend retroactively to the aggrieved persons against whom an order under Article 184(3) has been passed before the commencement of the Act provided that the appeal is made on the commencement of the Act. was filed within 30 days of the
The Act also provides that a party shall have the right to appoint counsel of his choice to file a revision petition under Article 188 of the Constitution.
Further, it provides that an application seeking urgent or interim relief filed in any cause, appeal or matter shall be fixed for hearing within 14 days from the date of filing.
The Act states that its provisions shall have effect notwithstanding anything contained in any other law, rules, or regulations or the judgment of any court including the Supreme Court and the High Courts.
