Bill clipping CJP’s powers: Govt moves Supreme Court for full bench

ISLAMABAD: The coalition government has moved Supreme Court (SC) for the formation of a full court bench to hear the case related to Supreme Court (Practice and Procedure) Act, 2023, aimed at curtailing the suo motu powers of office of the chief justice of Pakistan (CJP), ARY News reported on Saturday.

According to details, the federal government filed a separate petition in Supreme Court for the formation of a full court bench to hear the case related to bill curtailing suo motu powers of office of the chief justice of Pakistan (CJP).

In the petition, the government has requested that the petitions be heard by all the judges of the court due to the paramount importance of the constitutional questions involved and the fact that it is a case of first impression.

“The Parliament passed the Supreme Court (Practice & Procedure) Bill, 2023, in exercise of its powers under the Constitution while fully cognisant of the principles of separation of power and constitutional command to secure independence of the judiciary,” the petition stated.

It said that the full court is the most appropriate forum to hear the petitions, as the Supreme Court Rules, 1980, have vested the power of formation of benches upon senior judges of the Supreme Court.

The petition stated that it is all the more reasonable and appropriate that the issue be resolved by the full court as it concern every judge of the honourable court and the people of Pakistan.

According to the petition, the respondents hoped the full court will be able to resolve the issue in the fairest and most transparent manner possible, in the interest of upholding the rule of law and the independence of the judiciary.

Last hearing

An eight-member larger bench of the apex court headed by CJP Umar Ata Bandial and comprising Justice Ijaz ul Ahsan, Justice Munib Akhtar, Justice Sayyed Mazahar Ali Akbar Naqvi, Justice Muhammad Ali Mazhar, Justice Ayesha A Malik, Justice Syed Hasan Azhar Rizvi and Justice Shahid Waheed is hearing the petitions against the controversial bill.

In the last hearing, the Supreme Court sought the record of parliamentary proceedings regarding the Supreme Court (Practice and Procedure) Act, 2023.

At the outset of the hearing, CJP Bandial remarked that the case they are hearing is of a ‘different’ type. We have constituted a larger bench to hear the matter in a transparent way, the CJP added.

Read more: SC law clipping CJP’s suo moto powers challenged

CJP further said that the independent judiciary and federation are important components of the constitution. “Independence of judiciary is a basic right.”

The SC summoned Parliamentary record regarding the Supreme Court (Practice and Procedure Bill) along with the minutes of the discussion in the standing committee.

SC also directed all parties in the case to submit written arguments in the case. The hearing has been adjourned till May 8.

The bill

The passed bill – the Supreme Court (Practice and Procedure) Bill, 2023 – aims at giving the power of taking suo motu notice to a three-member committee comprising senior judges including Chief Justice. It also aims to have transparent proceedings in the apex court and includes the right to appeal.

Regarding the constitution 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.

Read more: NA notifies law clipping CJP’s suo motu powers

Regarding exercising 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 above mentioned committee.

The bill says that if the committee is of the view that a question of public importance with reference to the 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 bill additionally said that a party would have the right to appoint its counsel of choice for filing a review application under Article 188 of the Constitution.