ISLAMABAD: The National Assembly (NA) on Wednesday approved the landmark Supreme Court (Practice and Procedure) Bill, 2023, which provides for the discretionary power of the Chief Justice of Pakistan (CJP) to take suo motu notices under Article 184(3). The options are limited.
The House also included an amendment moved by MNA Mohsin Dawar, which would have provided a right of appeal to those who had been issued by the Supreme Court under Article 184(3) before the implementation of the law. He was angry with the orders.
The implementation of this law, approved by the National Assembly and presented to the Senate on Thursday (today), will pave the way for the disqualification of former prime minister and leader of the Muslim League-N Nawaz Sharif, who is disqualified under Article was declared. It is believed that Article 62(F) of the Constitution was reinstated in 2017. The bill is likely to be sent to the President for assent after the approval of the Senate.
Under the new law, Nawaz Sharif can file an appeal against the Supreme Court’s decision “within 30 days of the commencement of this act”, as required by the draft law amendment. Apart from this, former Prime Minister Yusuf Raza Gilani belonging to PPP, PTI’s deviant leader Jahangir Khan Tareen and the victims of Nasla Tower in Karachi have also appealed in the cases decided by the Supreme Court under Article 184(3). shall have the right to file.
Various other important cases may also be opened and appeals may be filed after the new legislation. The Supreme Court had disqualified the then Prime Minister Nawaz Sharif from public office in the Panama Papers case. The decision was made under Article 184(3) on the petitions filed by PTI chief Imran Khan. During the hearing of the suo motu notice, the Supreme Court directed NAB to file four references. Nawaz Sharif was convicted in two references and Maryam Nawaz in one reference. However, the Lahore High Court acquitted Maryam Nawaz in the reference.
On the request of Hanif Abbasi, the Supreme Court disqualified Jahangir Khan Tareen for life and declared Imran Khan as Sadiq and Amin. Under the new law, Hanif Abbasi will be able to file an appeal against the decision of Sadiq and Amin. The reference against Qazi Faiz Isa was filed by the PTI government. Justice Faiz Isa challenged the reference under Article 184(3) and the Supreme Court dismissed the presidential reference as null and void. The Supreme Court declared General Pervez Musharraf’s reference against former Chief Justice Iftikhar Muhammad Chaudhry illegal under Article 184 (3). Apart from this, General Musharraf’s declaration of emergency on November 3, 2007 was declared unconstitutional by the Supreme Court under Article 184(3). On the request of the Rawalpindi Bar, the court had ordered to register a case of high treason against General Musharraf under Article 184(3).
The Supreme Court had earlier also declared the NRO [National Reconciliation Ordinance] illegal under the same article and later held Yusuf Raza Gilani guilty of contempt of court for not implementing the court order in the case. Imran Khan and others had challenged the Speaker’s decision under Article 184(3) and Yusuf Raza Geelani was barred from holding public office for five years.
Under the same article, the Supreme Court declared the appointment of Didar Hussain Shah as NAB Chairman illegal. The decision of the Supreme Court that a person ineligible for life cannot be appointed as the head of a political party was also given under the same suo motu powers. There are about 400 cases decided under Section 184(3).
Meanwhile, the House allowed an amendment moved by MNA Mohsin Dawar, according to which the bill relating to the commencement of the Act will have retrospective effect when it comes to filing an appeal against an order. , which was approved by the Chief Justice under Article 184. 3) Of the Constitution. “The right of appeal shall also be available to any aggrieved person against whom an order under Article 184(3) has been passed before the commencement of this Act provided that an appeal under this section is filed within 30 days of the commencement of this Act. be filed.” said the amendment.
The House also passed another amendment in the same section replacing the wording of final order with order (interim order) to provide relief to the aggrieved person.
Prime Minister Shehbaz Sharif was also present in the House at the time of approval of the bill and participated in the proceedings for more than two hours.
The bill presented by the Prime Minister Nazir Tarar was approved by the lower house of the Parliament by a majority vote. Earlier, the Standing Committee on Law and Justice of the National Assembly gave its approval. The bill was introduced by the government when two judges of the Supreme Court, Justice Syed Mansoor Ali Shah and Justice Jamal Khan Mandukhel, raised questions on the powers of the Chief Justice, saying that the Supreme Court cannot depend on the decision of a single person. . Justice”. After being passed by the sub-committee, it was debated in the National Assembly with some amendments including:
- Right to appeal against arbitrary decisions taken up to 30 days before the passage of the Lawyers Protection Act.
- In no case interpreting the Constitution shall there be a Bench consisting of not less than five Judges.
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, every provision, appeal or matter before the Supreme Court should be heard and disposed of by a bench constituted by a committee consisting of the Chief Justice and two senior judges in order of seniority. The bill also stated that the decision of the committee will be taken by majority. However, two judges of the Supreme Court in their detailed notes have associated majority rule with “dictatorship”. He said: “Taking all decisions by majority rule alone is no less authoritarian, and an absolutist attitude on controversial issues is the hallmark of extremists.”
The Bill also mentions 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 for examination and if the Committee considers that a question is of public importance with regard to the enforcement of any of the fundamental rights conferred by Chapter I of Part II of the Constitution, it shall constitute a Bench of at least three Judges of the Supreme Court consisting of members of the Committee; can also 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 gives the party the right 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, appeal or matter for immediate or interim relief shall be fixed for hearing within 14 days from the date of filing,” the bill reads.
Law Minister Prime Minister Nazir Tarar while responding to some points raised by PTI’s newly elected MNA Mohsin Leghari said that the Supreme Court will regulate as per the rules under the law passed by the House.
Former president of Pakistan Bar Council and renowned jurist Senator Kamran Murtaza said that the right to appeal against any decision is a universal right and it cannot be denied to any individual. In a brief interaction with JEE News, he referred to section two of the said Act under the heading of appeal and said that this section is sufficient to prove that Nawaz Sharif and all other persons, who are under 184(3) are victims of, can file. Appeal within 30 days of the enactment of the law. He reminded that the discussion regarding the impact of the legislation and especially on the case against Nawaz Sharif is bound to be heated due to certain reasons. He said that constitutional provisions were being referred to, and the question of ‘past and discontinued transactions’ was to come up for discussion, but the wording of the law was very clear. He said that clause (2) of the draft law reads: “The right of appeal under sub-section (1) shall also be available to any aggrieved person against whom an order has been made under clause (3) of Article 184 of the Constitution.” Before the commencement of this Act: Provided that an appeal under this sub-section shall be filed within thirty days after the commencement of this Act. Said right of appeal shall be restored to Nawaz Sharif and others. It will not have any negative impact on the justice system as the appeal will be heard by a brother judge of the same stature sitting on the seat of the Supreme Court.
Senator Kamran Murtaza said that the retroactive effect of this act is not unique and criticism from PTI is also expected on this law. He reminded that this is a popular legislation as the legal community had been demanding such a law for a long time. He hoped that it would become part of the book without any difficulty.
