ISLAMABAD: In a bid to limit the powers of the Chief Justice of Pakistan (CJP) to take suo motu notice and constitute benches, the country’s Law Minister on Tuesday tabled the Supreme Court Practice and Procedure Bill 2023 in the National Assembly.
The important development came a day after two apex court judges — Justice Jamal Khan Mandokhail and Justice Syed Mansoor Ali Shah— raised serious questions over the powers of the top judge, saying the Supreme Court cannot be dependent on the solitary decision of one man, the Chief Justice of Pakistan (CJP), but must be regulated through a rule-based mechanism approved by all judges of the apex court under Article 191 of the Constitution, both judges wrote in a 27-page dissenting note for the apex court’s 1 March verdict in Khyber Pakhtunkhwa and Punjab suo motu case.
On occasion, Federal Law Minister Azam Nazir Tarar said that sou motu cases caused disrespect for Pakistan and it also negatively affected the image of the apex court.
Committee powers
The bill said that every cause, appeal, or matter before the apex court should be heard and disposed of by a bench constituted by the committee comprising the Chief Justice and two senior-most judges in order of seniority.
The decision of the committee shall be by the majority.
The bill ensures that the three senior-most apex court judges would decide on any suo motu case being taken up by the highest court under Article 184 (3) of the Constitution.
It allows appeals within thirty days of a ruling being issued on a suo motu case and enforces that a bench be constituted to hear such an appeal within fourteen days.
The bill said that a party should have the right to appoint a counsel of its choice for filing a review application.
The development comes amid a hot debate in the country over the discretionary powers of the Chief Justice of Pakistan (CJP) to initiate public interest proceedings, constitute benches, and ‘fix’ cases under Article 184 (3) of the Constitution.
The experts have expressed mixed reactions to this bill. Many believe the timing of introducing the bill is ‘intriguing,’ and it may invite the attention of the apex court.
The lawyer of Imran Khan, Salman Akram Raja, said that the government needs to amend the Constitutions in order to change Supreme Court laws. He feared the laws should further create divisions among the judiciary.
Similarly, another senior lawyer and former Chairman Senate, Wasim Sajjad, believed there is no need to amend the Constitution since the law only relates to procedural changes. Sajjad was of the view that since the law relates to the Supreme Court of Pakistan therefore, the apex court may also be taken into confidence before the enactment.
It is worth mentioning here that the new law may not affect the ongoing case where a five-member bench is hearing the Election Commission of Pakistan’s decision to delay the polls; however, according to the new law, the Supreme Court verdicts can now be challenged in front of a larger bench. So even if this five-member bench gives a verdict for holding elections within 90 days or the bare minimum, the government shall have the right to challenge the decision as per the new law.
Right now, when the Supreme Court announces a verdict, it is considered final though there is a provision of review, yet the scope of the review is very limited.
