ISLAMABAD: The Supreme Court (Practice and Procedure) Bill, 2023, aimed at curbing the powers of the Chief Justice of Pakistan (CJP) to take suo motu notice in an individual capacity, will become law on April 20, according to Law Minister Azam Nazeer Tarar.
The federal government had passed the bill in the joint session of parliament on April 10, despite strong protest from the Pakistan Tehreek-e-Insaf (PTI) after President Arif Alvi returned the bill seeking to limit the CJP’s suo motu powers.
The bill was then resubmitted to the president for his assent, and under the constitution, if the head of the state did not give his approval within 10 days, it would be deemed to have been given.
However, an eight-member larger bench of the Supreme Court on April 13 had ordered that even if the SC bill 2023 received the assent of the president, it would not be acted upon in any manner until further order.
The bench’s order was issued after a petition was filed challenging the constitutional validity of the bill. The court also directed the attorney general to present his arguments on the matter.
Supreme Court (Practice and Procedure) Bill, 2023
The bill, which had been passed by the government despite opposition from the PTI and legal experts, sought to restrict the powers of the CJP to take suo motu notice, which allows the chief justice to take notice of any issue of public importance on his own initiative.
The bill would have required the CJP to seek the opinion of a full court before taking any such action, thereby limiting the CJP’s power to act independently.
The passing of the bill and the subsequent court order has sparked a debate among legal experts and political analysts over the independence of the judiciary and the separation of powers.
Many have criticized the bill, saying it undermines the judiciary’s role in protecting the rights of citizens and ensuring justice.
The law minister’s announcement that the bill will become law on April 20 has further fueled the controversy, with some calling for the bill to be challenged in court again.
It remains to be seen how the matter will unfold and what the implications will be for the judiciary and the democratic process in Pakistan.
