Chief Justice of Pakistan Umar Ata Bandial on Thursday remarked that the Supreme court has the utmost respect for the parliament.
Today Chief Justice issued notices to the President Arif Alvi, Prime Minister Shehbaz Sharif, Attorney General for Pakistan, bar councils, and others in petitions challenging the Supreme Court (Practice and Procedure) Bill 2023, aimed at clipping the powers of the CJP.
Also Read: Supreme Court Proposed Pay cut from Judges’ Salaries in order to Hold Elections
An eight-member bench of the Supreme Court adjourned the hearing on the pleas challenging the Supreme Court (Practice and Procedure) Bill 2023.
The bench headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial which comprises of Justice Ijaz ul Ahsan, Justice Munib Akhtar, Justice Sayyed Mazahar Ali Akbar Naqvi, Justice Muhammad Ali Mazhar, Justice Ayesha Malik, Justice Syed Hasan Azhar Rizvi and Justice Shahid Waheed.
None of the judges who raised questions on the powers of the CJP has been included in the bench.
Earlier, Pakistan Bar Council (PBC) Vice Chairman Haroonur Rashid and Executive Committee Vice Chairman Hassan Raza Pasha, said that the chief justice constituted the bench in haste for hearing the petitions.
They said that the lawyers’ community would boycott the court proceedings across the country on Thursday.
Remember that, this week, the bill in order to sack the CJP Suo Motu powers was passed by a joint sitting of parliament after President Dr Arif Alvi returned it.
The federal government got the bill passed in a joint session of parliament on Monday after President Arif Alvi returned it last week without signing it.
The bill was moved by Federal Law Minister Azam Nazir Tarar and adopted by a majority vote of 60-19.
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).
In his letter to Prime Minister Shehbaz Sharif, the president said several aspects required due consideration.
Today’s Supreme Court Proceedings
In todays Proceedings, Attorney General of Pakistan and the lawyers of the petitioners Azhar Siddique advocate and Imtiaz Siddiqui appeared before the court.
The petitioner’s lawyer Imtiaz Siddiqui started his arguments by saying that this case is very important in the prevailing situation.
In his arguments, Imtiaz Siddiqui said the political crisis emerged after the restoration of the National Assembly. The federal government and the ECP are not ‘interested’ in holding elections after which the Supreme Court had to take Suo Moto notice.
The lawyer said that the problems created following the court’s directives to implement the Constitution after which the judges and judiciary were criticised.
“The government’s ministers and members of parliament are responsible for this,” said the lawyer, adding that the proposed legislation interfered with the independence of the judiciary.
He said that the president’s objections to the bill were not examined. Siddiqui said that the bill will become law after the approval of a joint session of the parliament in 10 days.
He said that the Supreme Court makes its own rules under Article 191.
Imtiaz Siddiqui said that the Supreme Court (Practice and Procedure) Bill 2023 is against the independence of the judiciary. The bill was rejected but later it was passed by the joint session of the parliament, he maintained and added as per article 191, the SC forms its rules and procedure.
Siddiqui observed that the parliament is bound to obey the orders given by the Supreme Court.
Supreme Court rules are available, which cannot be amended by the Parliament, he added.
In reply, the CJP remarked: “You mean to say that the freedom of judiciary is basic fundamental which is safeguarded by the constitution.”
He added that similarly, “you [Siddiqui] think that the judiciary also has constitutional security just like the parliament and executive.”
Siddiqui replied that the president is a symbol of unity of the state of Pakistan and his position as the head of state is not just ceremonial.
“The president directed to review the bill once again, however, the bill cannot be amended after the approval of the assembly,” he said, adding that the process of legislation is considered done once it is passed.
Advocate Siddiqui requested the court to stop the bill from becoming law and the Ministry of Law should be refrained from notifying the proposed act as a law until the verdict is announced.
“How can an appeal be filed if a 10-member bench hears a case? Can junior judges hear the appeal against the verdict announced by senior judges?” he questioned.
At this, CJP Bandial replied that all the judges in the court are equal.
Advocate Siddiqui said that the stages before the approval of the bill should also be taken into consideration in this case.
“What do you want from the court regarding this current case?” questioned Justice Akhtar.
To this, the Advocate Siddiqui said that the Supreme Court (Practice and Procedure) Bill, 2023 should be declared unconstitutional.
CJP Umar ata Bandial remarked that this is an important case as the matter regarding the judiciary’s independence was raised.
“We have the utmost respect for the parliament, however, the court wants to examine the legislation,” he stated.
CJP issued notices to President Arif Alvi, Prime Minister Shehbaz Sharif, Attorney General for Pakistan, bar councils, and others in petitions challenging the Supreme Court (Practice and Procedure) Bill 2023, aimed at clipping the powers of the CJP.
The chief justice said that the court will try to schedule the next hearing as soon as possible when fellow judges are available.
The Bill
According to Supreme Court (Practice and Procedure) Bill, 2023 the supreme power of taking suo motu notice will be shifted to a three-member committee comprising senior judges, including the chief justice. It also aims to have transparent proceedings in the apex court and includes the right to appeal.
Regarding the formation of benches, the bill states that every cause, matter or appeal before the apex court would be heard and disposed of by a bench constituted by a committee comprising the CJP and the two senior-most judges. It added that the decisions of the committee would be taken by a majority.
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.
Last week Supreme Court announces its verdict to hold elections in Punjab by 14th May after which the National Assembly passed a resolution rejecting the three-member Supreme Court bench’s verdict on the Punjab polls.
Parliament passes the resolution to reject the Top Court Verdict of holding election in Punjab by 14th May.
The resolution, moved by Balcohsitan Awami Party (BAP) lawmaker Khalid Magsi, was approved by a majority of the lawmakers.
The motion urged Prime Minister Shehbaz Sharif and his cabinet not to abide by the three-member Supreme Court ruling.
After which National Assembly of Pakistan approved the Supreme Court (Practice and Procedure) Bill 2023 which aim is to limit Pakistan’s top judge’s powers to take suo motu notice.
The bill was passed hours after National Assembly Standing Committee on Law and Justice gave its consent. The bill was presented by Federal Minister for Law and Justice Azam Nazeer Tarar.
The development came after two Supreme Court judges — Justice Syed Mansoor Ali Shah and Justice Jamal Khan Mandokhail — raised questions over the powers of the chief justice of Pakistan (CJP), saying the apex court “cannot be dependent on the solitary decision of one man, the Chief Justice”.
The debate was held in the National Assembly after the sub-committee passed it by including some amendments, which include:
- Right to appeal against the suo motu verdicts taken up to 30 days before the passing of the Lawyers’ Protection Act
- Any case that involves interpreting the Constitution will not have a bench with fewer than five judges
Later the Senate also approved the Bill and send it to President in order to approved it.
President rejected the bill and returned 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.
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).
In his letter to Prime Minister Shehbaz Sharif, the president said several aspects required due consideration. President Alvi said the top court was an independent institution as visualised by the founding fathers that in the State of Pakistan ‘independence of judiciary shall be fully secured’.
“With such an objective in view, Article 191 was incorporated and the Supreme Court was kept out of the law-making authority of the Parliament,” Alvi stated.
