ISLAMABAD: The Supreme Court (Practice and Procedure) bill 2023 that seeks to curb the chief justice of Pakistan’s (CJP) powers to take suo motu notices and constitute benches has formally become a law amid the top court’s orders to stop its enforcement.
The National Assembly notified the same on Friday and shared the development through its official Twitter account.
“Supreme Court (Practice and Procedure) Act, 2023 of the Majlis-i-Shoora (Parliament) is deemed to have been assented by the President […] under clause (2) of Article 75 of the Constitution of Islamic Republic of Pakistan. It is hereby published for general information,” the tweet read.
Supreme Court (Practice and Procedure) Act, 2023 of the Majlis-e-Shoora (Parliament) is deemed to have been assented by the President W.e.f 21 April 2023, under Clause (2) of the Article 75 of the Constitution of Islamic Republic of Pakistan. It is hereby published for general… pic.twitter.com/FIpBmJsALs
— National Assembly 🇵🇰 (@NAofPakistan) April 21, 2023
The Supreme Court, in a pre-emptive move, last week passed an order barring the government from enforcing the then-bill when it became law.
However, it was notified as a law today because it was deemed to have been assented to by the president (with effect from April 21, 2023) under Clause (2) of Article 75 of the Constitution of the Islamic Republic of Pakistan.
Supreme Court (Practice and Procedure) Bill 2023
The law bars the top judge from taking suo motu notice in an individual capacity as well as deprives him of the power to give the right to appeal in all suo motu matters with retrospective effect.
As per the new law, a three-member SC bench, comprising the chief justice and the two senior-most judges, will decide whether or not to take suo motu notice – previously, solely the prerogative of the CJP.
The legislation also states that every cause, matter, or appeal before the top court would be heard and disposed of by a bench, constituted by a committee comprised of the CJP and the two senior-most judges.
The law also states any case involving constitutional interpretation will not have a bench comprising fewer than five judges. It also grants the right to file an appeal within 30 days of the decision in a suo motu case.
The law also seeks to allow former premier Nawaz Sharif and other parliamentarians, such as Jahangir Tareen, disqualified by the Supreme Court under suo motu powers to appeal their disqualification within 30 days of the law’s enactment.
The back and forth tussle
The federal cabinet initially approved the bill on March 28 which was then passed by both houses of Parliament. However, President Arif Alvi refused to sign it into law, observing that it travelled “beyond the competence of Parliament”.
The bill was again passed by a joint session of Parliament on April 10 after certain amendments amid a protest by PTI lawmakers.
It was then again referred to President Alvi for his assent. According to the Constitution, if the bill was not signed by the president within 10 days, his assent would have been deemed granted.
Meanwhile, three days after the joint Parliament session passed the bill, an eight-member bench of SC bench, headed by CJP Umar Ata Bandial, issued an order barring the government from implementing the bill after it becomes a law.
Moreover, on April 19, the president, for a second time, refused to give his assent for the bill and sent it back to Parliament, maintaining that the matter was subjudice — in court.
