Government to review law clipping CJP's powers, AGP tells SC

ISLAMABAD: Chief Justice of Pakistan (CJP) Umar Ata Bandial on Thursday adjourned the hearing on petitions against the Supreme Court (Practice & Procedure) Act, 2023 — a law that aims to curtail the suo moto powers of the CJP – till next week, ARY News reported.

An eight-member larger bench of the apex court — headed by CJP Umar Ata Bandial and comprising Justice Ijazul 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 — heard the petitions.

At the outset of hearing, the top court judge said that the government should consult the Supreme Court regarding the legislation related to the judiciary.

To which, the Attorney General for Pakistan (AGP) Mansoor Usman Awan said the federal government had decided to review the legislation by taking apex court into consideration.

Here, CJP welcomed the govt’s move, adding “We are happy that the government and Parliament are bringing amendments to overlapping laws.”

The hearing was then adjourned till next week.

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.