NA passes judicial reforms bill to clip CJP’s suo motu powers

ISLAMABAD: The National Assembly Wednesday approved the Supreme Court (Practice and Procedure) Bill 2023, which aims to curtail the suo motu powers of the Chief Justice of Pakistan, ARY News reported.

The bill was presented by Federal Minister for Law and Justice Azam Nazeer Tarar.

National Assembly passes ‘The Supreme Court (Practice and
Procedure) Bill, 2023’

The bill was presented by Minister for Law and Justice @AzamNazeerTarar.@PTVNewsOfficial @PID_Gov @demp_gov @RadioPakistan @appcsocialmedia

— National Assembly of 🇵🇰 (@NAofPakistan) March 29, 2023

Earlier, the National Assembly’s standing committee for law and justice on Wednesday approved the Supreme Court (Practice and Procedure) Bill, 2023 with an amendment.

Law Minister said that Article 184 was exercised unrestrained. The suo moto powers were used by Iftikhar Chaudhry without constraints, while Saqib Nisar crossed the limits.

“Earlier, there was not right to appeal in suo moto, which is against the fundamental rights and Sharia,” Tarar said. “A bench will be comprised of at least five judges in cases of legal and constitutional matters,” law minister said. “The lawyer could now be changed in suo moto cases, which was not allowed earlier,” he further said.

The bill

Under the new legislation, the decision for suo motu notice will be taken by three senior judges of the Supreme Court (SC).

Moreover, the bill also includes a clause regarding the right to appeal against the decision, which could be filed within 30 days and will then be fixed for a hearing in two weeks’ time.

It added that the party will be allowed to change its lawyer in a suo motu case. Under Article 184, the matter will be presented before a judges committee. The committee will review the case and later it will form a five-member committee for any kind of constitutional interpretation.

The act will be taken into effect on all verdict of the high courts and the Supreme Court (SC).