By Special Correspondent
ISLAMABAD: An eight-member larger bench of the Supreme Court of Pakistan headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial will take up the constitutional petitions against the “Supreme Court (Practice and Procedure) Bill, 2023 tomorrow (Thursday) at 11:30am.
The bench comprises of CJP Umar Ata Bandial, Justice Syed Hassan Azhar Rizvi, Justice Ijaz ul Ahsan, Justice Munib Akhtar, Justice Shahid Waheed, Justice Muhammad Ali Mazhar, Justice Sayyed Mazahar Ali Akbar Naqvi and Justice Aisha A. Malik.
Justices Qazi Faez Isa and Justice Aminuddin Khan had earlier ruled that the Chief Justice did not have the power to constitute special benches or decide its members and ordered the postponement of all suo-moto matters. The order was later recalled by a six-member larger bench. Justice Isa, in a judicial note, later said that the bench did not “constitute a constitutional court”.
According to the cause list issued Wednesday three petitions have been filed under Article 184(3) of the Constitution by Advocate Muhammad Shafay Munir, Raja Amer Khan, Chaudhry Ghulam Hussain and others. Article 184(3) of the Constitution sets out the SC’s original jurisdiction and enables it to assume jurisdiction in matters involving a question of “public importance” with reference to the “enforcement of any of the fundamental rights” of Pakistan’s citizens.
The petition filed by Advocate Munir insisted that the plea had been filed to safeguard and secure the Constitution and independence of the judiciary. He contended that the petitioner believed in the supremacy of the Constitution, the rule of law, and independence of the judiciary and had always strived and struggled to protect the Constitution, independence of the judiciary and fundamental rights guaranteed under the Constitution. The respondents named in the petition included the federal government through the secretaries of law, Senate and National Assembly.
Passage of the bill
The national assembly had approved the bill on March 29. On March 30, the senate passed it and then was referred to the president for his approval. The president, however, returned it with the objection that it was a “colourable legislation”. He underlined that Article 191 of the Constitution empowered the Supreme Court “to make rules regulating the practice and procedure of the Court”.
On Monday, the bill was passed by the parliament’s joint session with a few amendments. As per the Constitution, the bill was again sent to the president for his assent for approval and if he does not sign it within ten days, assent will be deemed to have been granted.
According to the latest legislation, a three-member bench consisting of the CJP and the two senior-most judges of the apex court will decide whether or not to take up a matter suo-moto. Previously, it was solely the prerogative of the Chief Justice.
The law also states that every cause, matter, or appeal before the apex court would be heard and disposed of by a bench, constituted by a committee made up of the chief justice and the two senior-most judges. The legislation also gives the right to file an appeal within 30 days of the judgment in a suo-moto case and that any case involving constitutional interpretation will not have a bench of fewer than five judges.
The bill also allows former prime minister Nawaz Sharif and other parliamentarians including Jahangir Tareen disqualified by the Supreme Court under suo-moto powers to appeal their disqualification within 30 days of the fresh law’s enactment.
