ISLAMABAD: The bill that seeks to curtail the powers of the Chief Justice has been challenged in the Supreme Court of Pakistan and the Islamabad High Court (IHC). The Supreme Court (Practice and Procedure) Bill 2023 was passed by the parliament last week but has faced criticism from opposition parties, lawyers and civil society groups who argue that it is an “attack on the judiciary”.
The bill aims to give a three-member committee of senior judges, including the chief justice, the power to take suo motu notice and to have transparent proceedings in the apex court. It also includes the right to appeal.
However, opponents of the bill say that it is unconstitutional and illegal and that the powers of the Supreme Court of Pakistan cannot be curtailed through an Act of Parliament under Article 70. They argue that the right to appeal could have been granted without curtailing the powers of the chief justice and that the right to file an intra-court appeal, just like in the high courts, could have been given.
Renowned lawyer Advocate Mohammad Shafay Munir filed a petition in the Supreme Court and made the federal government a party in the plea. Another lawyer, Saeed Aftab, filed a separate plea in the Islamabad High Court, requesting the court to nullify the proposed bill.
The bill was passed in the joint sitting of the Parliament after President Arif Alvi returned the bill last week for reconsideration, stating that the bill prima-facie travels beyond the jurisdiction of parliament.
Supreme Court (Practice and Procedure) Bill 2023
Under the bill, every cause, matter or appeal before the Supreme Court would be heard and disposed of by a bench of the apex court constituted by a committee comprising the Chief Justice and the two senior-most judges. A majority would take the decisions of the committee.
If the president does not approve within ten days, it would be deemed to have been given.
The bill’s provisions would have effect notwithstanding anything contained in any other rules, law, or regulations for the time being in force or judgement/order of any court, including the Supreme Court of Pakistan and high courts.
The case is being heard in the Supreme Court and Islamabad High Court, and how the courts will rule on the matter remains to be seen.
