President Alvi questions ‘timing’ of legislation to curtail CJP’s powers

ISLAMABAD: President Dr Arif Alvi on Wednesday questioned the ‘timing’ of the legislation aimed to clip powers of office of the chief justice of Pakistan (CJP) to take suo motu notice in an individual capacity, saying that it could have been tabled at an appropriate time, ARY News reported.

In an interview with a private news channel, the president to a query regarding approval of Supreme Court (Practice and Procedure) Bill 2023, replied: “It’s premature to say what I will decide”.

President Alvi noted that the bill could have been tabled at an appropriate time, considering the current situation. “I would take a right decision over the said bill after receiving the final document,” he added.

He said that he had heard different analysis, opinions and discussions related to the judicial reforms and opined that it might be addressed after taking the judiciary into confidence as well.

Meanwhile, the president stressed that he had always played a role for the resolution of national issues and was now ready to make such efforts with ‘crises resolution role’ in the current situation.

The president observed that use of force could give rise to issues and in democratic countries, issues were being addressed through development of consensus.

He said that pressures on institutions led to cracks, stressing that the ‘country’s constitution should not be disfigured’. The president regretted that in the past, 1973 constitution was wrapped after four years of its enforcement.

He observed that in the current situation, division of thinking was apparent whether it was within the political parties, parliament or judiciary and underlined that they all should strive to save Pakistan and the constitution.

President Alvi to another question, said that difference of opinion in judiciary was possible as witnessed in the US and the UK, but he stressed, personality-based differences were not good.

Regarding a question about the Election Commission of Pakistan’s (ECP) decision to set new date for polls in Punjab, the president said that the Supreme Court (SC) was seized of the issue and it would decide it.

The president to a query, replied that if polls were not held within 90 days, the concerned institutions should accept the responsibility for the delay.

President Alvi said in the tussle between the democratic forces, there might be opportunities for the undemocratic forces.

About prime minister’s letter in response to his earlier letter, the president maintained that due to the responsibility of his office, he could not remain ‘deaf and dumb’ regarding the recent human rights incidents as highlighted by media.

He said during the tenure of previous Pakistan Tehreek-I-Insaf government, he had talked to then minister for human rights over such issues as he could not ignore them. He agreed that rights’ issue during 2021 was not good and it grew in the succeeding year.

Talking about his audio leak, he trashed it as irrelevant and said that he had been advocating for respecting people’s privacy and encroaching on individuals’ privacy as unethical, immoral and illegal as it fell into ‘Gheebat’.

The president said that the polarization in the society was too dangerous and he wanted to reduce it. Referring to his past role in diffusing the political tensions, the president said that he couldn’t succeed in his efforts.

The president said the present chief of army’s statement regarding military’s role provided a window for the politicians to work collectively for the democratic system.

Expressing his concerns, the president said the federal and provincial governments could not announce awards for any individual under relevant constitutional provisions, as it was a prerogative of the president.

He said that he had raised the issue during the PTI’s tenure. Citing the unanimous adoption of 1973 constitution, the president said that it reflected the ‘brilliance of Zulfikar Ali Bhutto’.

To a comment, the president agreed that disqualification of politicians or political parties were no solution to the issues.

He said that he always credited former president Asif Ali Zardari for raising the slogan of ‘Pakistan Khappay’ after the assassination of Benazir Bhutto as nothing could save the country from another serious crises at that time.

He further observed that lives of all the politicians were precious and they should be provided protection.

Earlier in the day, the National Assembly approved the Supreme Court (Practice and Procedure) Bill 2023, which aims to curtail the suo motu powers of the Chief Justice of Pakistan.

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 no 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 fixed for a hearing in two weeks.

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 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).