ISLAMABAD: An 8-judges larger bench headed by Chief Justice Umar Ata Bandial took up four petitions challenging a bill seeking to curtail the powers of the chief justice of Pakistan (CJP) and introducing a number of amendments including right of appeal before the expiry of time bar.
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The bill titled Supreme Court (Practice and Procedure) Bill, 2023 aims to give the power of taking suo motu notice 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.
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Regarding the apex court’s original jurisdiction, the bill said that any matter invoking the use of Article 184(3) would first be placed before the committee.
During the course of proceedings today, Imtiaz Siddiqui, the lawyer representing the petitioner, emphasized the significance of this case in the current circumstances. According to Siddiqui, the Qasim Suri case has created a divide between the parties and the political crisis has worsened since the National Assembly was reinstated.
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He alleged that the federal government and the Election Commission of Pakistan (ECP) are reluctant to hold elections, which is why the court had to intervene. Siddiqui argued that the implementation of the Constitution has led to problems and criticism of the judiciary.
He blamed government ministers and parliament members for this and claimed that the proposed legislation would interfere with judicial independence.
Furthermore, Siddiqui argued that the president’s objections to the bill were not considered, and he predicted that the bill would be approved in a joint session of parliament in 10 days. Finally, Siddiqui pointed out that the Supreme Court has the authority to create its own rules under Article 191.
Chief Justice Umar Ata Bandial expressed full respect for Parliament and stated that the order for today’s hearing will be issued later. He added that he will consult with his fellow judges to determine the date of the next hearing, and notices will be sent to the Federal Government, Attorney General, the Pakistan Bar Council, and other bars.
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Stressing the importance of the judiciary’s independence, he announced that the case will be re-fixed for hearing soon and the next hearing date will be mentioned in the order of the day, after which the CJP adjourned the hearing.
