The lower house National Assembly (NA) on Monday passed a resolution for the committee’s formation to file a reference against the Chief Justice of Pakistan (CJP) Justice Umar Ata Bandial.
The motion was presented in the Parliament session after suspending the routine business of the house. The hot topic session of the lower house of the Parliament is underway in which the majority of the members are of the view that the Parliament should ‘assert’ its powers.
Also Read: President Arif Alvi refuses to Sign Bill Sacking the Suo Motu Power of Chief Justice
Addressing the house earlier in the day, Defence Minister Khawaja Asif emphasized that the parliament should send a strong message to defend its territory.
He said a section of the judiciary is giving ‘unprecedented concessions’ to PTI Chairman Imran Khan in corruption cases.
In his remarks, Leader of Opposition Raja Riaz strongly condemned the recent violent acts in the country.
He said those who attacked the Corps Commander House in Lahore and the monuments of martyrs are enemies of the state.
Riaz held trained elements of the ‘PTI’ behind these despicable acts. He emphasized the need for expressing complete solidarity with the armed forces of Pakistan.
Salahuddin of MQM said the recent violent acts are intolerable. He said the judiciary is giving ‘concessions’ to PTI Chairman Imran Khan at whose behest public and private properties were ransacked.
Earlier National Assembly and Senate moved a bill which includes shifting the powers of taking suo motu notice from the chief justice to a three-member committee comprising senior judges. Under the new legislation, the decision for suo motu notice will be taken by three senior judges of the Supreme Court (SC).
The bill also mentioned that the decision of the committee shall be by the majority. However, the two SC judges in their detailed notes had juxtaposed majority rule with “dictatorship”.
Moreover, the bill also includes a clause regarding the right to appeal against the decision, which could be filed within 30 days and will then be fixed for a hearing in two weeks’ time.
It added that the party will be allowed to change its lawyer in a suo motu case. Under Article 184, the matter will be presented before a judge’s committee. The committee will review the case and later it will form a five-member committee for any kind of constitutional interpretation.
The act will be taken into effect on all verdict of the high courts and the Supreme Court (SC).
But President Arif Alvi rejected the Supreme Court (Practice and Procedure), Bill 2023 sacking the chief justice’s suo motu powers in an individual capacity.
The president returned the bill for reconsideration to the parliament as per the provisions of the Article 75 of the Constitution days after it was sent to him for approval after getting through the National Assembly and Senate.
Arif Alvi stated that the Bill prima-facie travels beyond the competence of the Parliament and can be assailed as colourable legislation.
The President said that he thought it fit and proper to return the Bill, in accordance with the Constitution, with the request for reconsideration in order to meet the scrutiny about its validity (if assailed in the Court of Law).
