Govt rejects SC’s decision barring implementation of bill clipping CJP’s powers

ISLAMABAD: The ruling coalition on Thursday rejected the Supreme Court’s (SC) decision, barring the implementation of Supreme Court (Practice and Procedure) Bill, 2023, which aims to curtail the suo motu powers of office of the chief justice of Pakistan (CJP), ARY News reported.

The decision was taken during a meeting of leaders of ruling coalition, which came hours after the apex court barred the government from implementing Supreme Court (Practice and Procedure) Bill, 2023.

The meeting – chaired by Prime Minister (PM) Shehbaz Sharif – was attended by Pakistan People’s Party (PPP) leaders Asif Ali Zardari and Bilawal Bhutto, Pakistan Democratic Movement (PDM) president Maulana Fazlur Rehman and other federal ministers.

سپریم کورٹ پریکٹس اینڈ پروسیجر بل سے متعلق سپریم کورٹ کا حکم نامہ مسترد، حکمران جماعتوں کے اجلاس کا مشترکہ اعلامیہ جاری#ARYNews pic.twitter.com/oEamZhVFIY

— ARY NEWS (@ARYNEWSOFFICIAL) April 13, 2023

In a statement, the ruling coalition said the implementation of bill, which has not yet come to affect, has been barred by constituting a “unilateral bench”.

While condemning the Supreme Court’s orders, the meeting termed the decision “a result of one-man show”. “The written judgement is the clearest example of conflict of interest”, it added.

The statement noted that a strategy will be chalked out to “bring balance to justice system”, adding that they will protect the Parliament and its constitutional authority.

Earlier in the day, the Supreme Court (SC) barred the government from implementing Supreme Court (Practice and Procedure) Bill, 2023, which aims to curtail the suo motu powers of office of the chief justice of Pakistan (CJP).

According to details, an eight-member bench – headed by Chief Justice of Pakistan (CJP) – took up a set of three petitions challenging the bill.

The apex court, in a written order issued today, termed the bill “interference with and intrusion into the independence of the judiciary.”

The order stated that while the bill is “not yet law it is nonetheless, with exactitude, that what will have the force of law, when the act comes into being,” adding that it could be considered and examined even at this stage.

On Monday, the Joint Sitting of Parliament passed the Supreme Court (Practice and Procedure) Bill 2023, which aims to curtail the suo motu powers of office of the chief justice of Pakistan (CJP).

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.

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.