Pakistan Bar Council welcomes ‘right of appeal’ in suo motu cases

Pakistan Bar Council has welcomed the new legislation under the Supreme Court Practice and Procedure Bill 2023, giving the right of appeal to the aggrieved party in suo motu cases, ARY News reported on Wednesday.

The Pakistan Bar Council praised the federal government for passing the Supreme Court Practice and Procedure Bill 2023 by the National Assembly (NA) regarding the exercising the powers of the Supreme Court under Article 184(3) in respect of suo motu jurisdiction by giving the right of appeal to the aggrieved party.

In a statement, the council’s chairman and vice-chairman said that they demanded to devise criteria for the suo motu jurisdiction on multiple occasions and commended the legal amendment to grant ‘right of appeal’ to the aggrieved party in suo motu cases decided under Article 184(3).

READ: NA PASSES JUDICIAL REFORMS BILL TO CLIP CJP’S SUO MOTU POWERS

It added the right of appeal would be greatly beneficial for the litigants and the public.

They said that the mechanism for fixation of petitions and cases which are urgent in nature within 14 days after their filing which would be beneficial for public at large and the litigants whose cases are not fixed by the office for an indefinite period.

“The proposed draft was handed over to the prime minister by the delegation of Pakistan Bar Council members and the representatives of provincial and Islamabad bar councils on May 19, 2022, as it was the long standing demand of the legal fraternity and need of the hour for safety, protection & welfare of lawyers and also hoped that Senate will approve the said Bills as early as possible and would become law and implemented at the earliest,” it concluded.

READ: GOVT CONTEMPLATES LEGISLATION TO LIMIT CJP’S SUO MOTU POWERS

Yesterday, Pakistan Bar Council expressed concerns over division among the Supreme Court (SC) judges and demanded full court for hearing the case related to a delay in Punjab and Khyber Pakhtunkhwa (KP) elections.

The Pakistan Bar Council spokesperson said in a statement that the full court should hear the election delay case to prevent the country from facing anarchy. The council also urged the political parties to refrain from character assassination of the judges.

It added that the verdict of the judges should be criticised instead of launching personal attacks. The council suggested devising rules for exercising the suo motu powers and a committee should be constituted to maintain reputation and coordination in the judiciary for the formation of benches.