ISLAMABAD: The Supreme Court (Practice and Procedure) Bill, 2023 was introduced in the National Assembly on March 28 and referred it to the relevant committee for further consideration, and just a day after, i.e. on March 29, the bill was passed and sent to Senate.
The government bill titled – the Supreme Court (Practice and Procedure) Bill 2023 – states that a committee comprising three senior judges will take the decision regarding the initiation of suo-motu notice. Initially, it was the sole discretion of the Chief Justice of Supreme Court to take the suo-motu notice.
Moreover, the bill also includes a clause regarding the rights of challenging the notice which could be filed within 30 days and will then be fixed for a hearing in two weeks’ time.
About the Constitution of benches, the bill suggests that every cause lists, appeal, or matter before the Supreme Court shall be heard and disposed of by a bench constituted by the committee comprising the Chief Justice of Pakistan and two senior judges of the supreme court, in order of seniority.
It proposes that the decision of the Committee shall be by majority. Regarding the exercise of original jurisdiction by the Supreme Court, the bill proposes that any matter invoking the exercise of original jurisdiction under clause (3) of Article 184 of the Constitution shall be first placed before the Committee for examination, and if the Committee is of the view that a question of public importance with reference to enforcement of any of the fundamental rights conferred by Chapter I of Part II of the constitution is involved, it shall constitute a bench comprising not less than three judges of the supreme court of Pakistan which may also include the members of the committee, for adjudication of the matter.
The legislative proposal suggests that an appeal shall lie within thirty days from a final order of a bench of the Supreme Court which exercised jurisdiction under clause (3) of Article 184 of the Constitution to a larger bench of the Supreme Court and such appeal shall, for hearing, be fixed within a period not exceeding fourteen days.
About right to appoint counsel of choice, it suggests that a party shall have the right to appoint counsel of its choice for filing a review application under Article 188 of the constitution.
The bill suggests that an application pleading urgency or seeking interim relief, filed in a cause lists, appeals or matters, shall be fixed for hearing within fourteen days from the date of its filing.
It states that the provision of this act shall have effect notwithstanding anything contained in any other law, rules or regulations for the time being in force or judgment of any Court including the Supreme Court and a High Court.
According to the statement of objects and reasons of the bill, “Whereas, the exercise of original jurisdiction by the Supreme Court under clause (3) of Article 184 of the constitution has been a subject of discussion by various forums with respect to invoking of suo motu powers, the constitution of benches and the absence of right of appeal.
Whereas, applications filed for early hearing of a case are not fixed for hearing and it is expedient to address this issue. Also, it is the right of every citizen under article 10A of the constitution to appoint a counsel of his choice which ought to review cases filed under Article 188 of the Constitution”.
