ISLAMABAD: The ruling coalition on Thursday rejected an eight-member bench constituted to hear petitions challenging the Supreme Court (Practice and Procedure) Bill, 2023, deepening the rift between the coalition government and the judiciary.
With just hours left for the proceedings to begin, the coalition government issued a statement rejecting the bench, calling the eight-member bench “controversial”.
The coalition partners – according to the statement – vowed to resist attempts to usurp Parliament’s authority and interfere with its constitutional mandate.
Earlier this week, the bill was passed by a joint session of Parliament after the return of President Dr. Arif Alvi. Three separate petitions were then filed under Article 184(3) of the Constitution by Raja Aamir Khan, Chaudhry Ghulam Hussain and Muhammad Shafi Munir, among others, asking the Supreme Court to set aside the bill.
Following this development, an eight-judge bench was constituted to hear the petitions alleging that the “conception, preparation, ratification and passing of the Supreme Court (Practice and Procedure) Bill, 2023 was mala fide.” Staining is a process”.
The bench – which will begin hearing at 11:30 am – will be headed by Chief Justice of Pakistan (CJP) Umar Atta Bandial and will comprise Justice Ijaz Ul Ahsan, Justice Muneeb Akhtar, Justice Syed Mazahar Ali Akbar Naqvi, Justice Muhammad Ali Mazahar. , Justice Muhammad Ali Mazhar and Justice Ejaz-ul-Ahsan included. Ayesha Malik, Justice Syed Hasan Azhar Rizvi and Justice Shahid Waheed.
Terming the development as “unprecedented” as the petitions were filed before the completion of the legislative process.
He further said that this move is tantamount to sabotaging the credibility of the country’s highest court, rendering the constitutional process of justice “meaningless”.
“The split in the Supreme Court has vindicated the coalition parties’ stand,” the statement read, adding that the ruling coalition considered it an “assault” on Parliament and its powers.
Highlighting flaws in the composition of the “controversial” bench – which does not include any of the judges who have raised questions about the chief justice’s powers – coalition parties lamented the lack of representation from Balochistan and Khyber Pakhtunkhwa.
“Strongly condemning” the move, the statement added that efforts to usurp Parliament’s authority and interfere with its constitutional mandate will be resisted.
The statement said that there will be no compromise on the powers of the Parliament in the light of the Constitution of Pakistan.
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 will be heard and disposed of by a bench constituted by a committee consisting of the Chief Justice and two senior-most judges. It further said that the decisions of the committee will be taken by majority.
Regarding 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, who may also include members of the committee, decide the case.
On matters where interpretation of the Constitution is required, the bill said the committee would constitute a bench of at least five Supreme Court judges for the task.
In respect of an appeal against any decision of the Supreme Court exercising jurisdiction under Article 184(3), the Bill provides that an appeal shall be filed within 30 days of the order of the Bench to a larger Bench of the Supreme Court. Must know. 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 those aggrieved persons against whom an appeal was filed on this condition under Article 184(3) before the commencement of the SC (Practice and Procedure) Bill, 2023. was 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 the provisions thereof shall have effect notwithstanding anything contained in any other law, rule or regulation which may for the time being be in force or in any decision of any court including the Supreme Court and High Courts. .
