ISLAMABAD: President Dr Arif Alvi on Wednesday returned the Supreme Court (Practice and Procedure) Bill 2023 without signing it for the second time.
In a notification, the President said that “the legislative competence and validity of the bill is pending before the highest judicial forum of the country.
“Therefore, no further action is required.”
According to Prime Minister Nazir Tarar, despite the President’s refusal to sign the bill, it will become law on April 20.
The bill was passed by both the National Assembly and the Senate last month amid a deadlock between the government and the judiciary over elections in Punjab and Khyber Pakhtunkhwa, after which it was sent to the President for assent.
However, President Alvi returned the bill to parliament for reconsideration, saying it was essentially “beyond the competence of parliament” and could be construed as “colorful legislation”.
The government then passed the bill in a joint session of Parliament on April 10 despite strong protests by the Pakistan Tehreek-e-Insaf (PTI), after which it was again sent to the President for his signature.
Under the Constitution, if the Head of State does not assent to any legislation within 10 days of its passage by a joint session of Parliament, it shall be deemed to have been passed. Law Minister Tarar also confirmed this on Monday.
However, an eight-member bench of the Supreme Court, hearing the petitions challenging the bill, ruled on April 13 that even if the President gives his assent, the bill cannot be implemented in any way till further orders. will
The bench was headed by Chief Justice of Pakistan (CJP) Umar Atta Bandyal and included Justice Ijazul Ahsan, Justice Muneeb Akhtar, Justice Syed Mazahar Ali Akbar Naqvi, Justice Muhammad Ali Mazhar, Justice Ayesha A. Malik, Justice Syed Hassan Azhar Rizvi. And Justice Syed Hasan Azhar Rizvi was involved. Shahid Waheed
In its eight-page judgement, the bench said, “Prima facie, the contentions raised reveal substantial, immediate and direct interference with the independence of the judiciary, in the form of numerous interventions, under the guise of regulating the process. I and the procedure of this Court and giving it a jurisdiction which does not appear to be justified under any constitutional provision. Such interference with the work of the Court, even on the most tentative assessment, begins as soon as the Bill becomes an Act. will.”
A large bench of the Supreme Court held that an interim measure should be taken in the nature of a preliminary injunction.
Regarding the Supreme Court’s order, the law minister, while talking to JEE News earlier this week, said the matter of implementation “will be looked at later”.
The Bill
The purpose of the Supreme Court (Practice and Procedure) Bill, 2023 is to empower a three-member committee comprising senior judges, including the Chief Justice, to automatically take notice. It also aims at transparent proceedings in the Supreme Court and includes right of appeal.
Regarding the constitution of benches, the bill states that every cause, matter or appeal before the Supreme Court shall be heard and disposed of by a bench constituted by the Chief Justice and two senior-most judges. It further said that the decisions of the committee will be taken by majority.
Regarding the exercise of the original jurisdiction of the Supreme Court, the bill said that any matter invoking Article 184(3) would first be placed before the committee.
The Bill 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 consisting of at least Three judges of the Supreme Court of Pakistan, which may include members of the committee, to decide the matter.
On matters requiring interpretation of the Constitution, the bill said the committee would constitute a bench consisting of at least five Supreme Court judges.
In respect of an appeal against any decision of a Bench of the Supreme Court exercising the jurisdiction under Article 184(3), the Bill provided that the appeal should be referred to a larger Bench of the Supreme Court within 30 days of the order of the Bench. will 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 would also extend retroactively to the aggrieved persons against whom an order under Article 184(3) was passed before the commencement of the SC (Practice and Procedure) Bill, 2023. Provided that an appeal was made. To be filed within 30 days of the commencement of the Act.
The bill also said that a party would 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 Bill states that its provisions shall notwithstanding anything contained in any other law, rule or regulation for the time being in force or affect the judgment of any court including the Supreme Court and High Courts.
