NA notifies law clipping CJP’s suo motu powers

ISLAMABAD: Despite Supreme Court’s directive, the National Assembly on Friday notified the conversion of Supreme Court (Practice and Procedure) Bill 2023 – which aims to curtail the suo motu powers of the office of the chief justice of Pakistan (CJP) ­– into an act, ARY News reported on Friday.

National Assembly Secretariat notified that the bill of the Majlis-e-Shoora (Parliament) deemed to have been assented by the president (with effect from April 21, 2023) under Clause (2) of the Article 75 of the Constitution of Islamic Republic of Pakistan.

Supreme Court (Practice and Procedure) Act, 2023 of the Majlis-e-Shoora (Parliament) is deemed to have been assented by the President W.e.f 21 April 2023, under Clause (2) of the Article 75 of the Constitution of Islamic Republic of Pakistan. It is hereby published for general… pic.twitter.com/FIpBmJsALs

— National Assembly of 🇵🇰 (@NAofPakistan) April 21, 2023

President Dr Arif Alvi, for a second time, refused to give his assent to Supreme Court (Practice and Procedure) Bill, 2023 and sent it back to parliament, maintaining that the matter was now sub judice before the apex court.

The bill was approved by the federal cabinet on March 28 and then passed by both houses of parliament — the National Assembly and Senate.

However, the president refused to sign it into law with the observation that it travelled “beyond the competence of parliament”. Later, a Joint Sitting of Parliament passed the Supreme Court (Practice and Procedure) Bill 2023 again on April 10.

Three days later, the Supreme Court (SC) barred the government from implementing Supreme Court (Practice and Procedure) Bill, 2023.

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, termed the bill “interference with and intrusion into the independence of the judiciary.”

The bench comprising Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Sayyed Mazahar Ali Akbar Naqvi, Justice Muhammad Ali Mazhar, Justice Ayesha Malik, Justice Syed Hasan Azhar Rizvi, and Justice Shahid Waheed 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.

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.