LAHORE: Pakistan Tehreek-e-Insaf (PTI) has decided to oppose Supreme Court (Practice and Procedure) Bill 2023, which aims to curtail the suo motu powers of office of the chief justice of Pakistan (CJP), in joint session of Parliament, ARY News reported on Sunday, citing sources.
Sources told ARY News that PTI Chairman Imran Khan has instructed his party Senators to attend the joint session of Parliament.
Meanwhile, a meeting of PTI’s parliamentary party has been summoned at 3pm tomorrow (Monday). The meeting will be chaired by Senator Shehzad Wasim.
The meeting – which will be attended by members of both house of Parliament – will prepare a strategy regarding the joint session.
A day earlier, President Arif Alvi returned the Supreme Court (Practice and Procedure), Bill 2023 limiting the chief justice’s suo motu powers in an individual capacity.
The president returned the bill for reconsideration to the parliament as per the provisions of the Article 75 of the Constitution days after it was sent to him for approval after it sailed through the National Assembly and Senate amid noisy protests by the Pakistan Tehreek-e-Insaf (PTI) legislators.
Arif Alvi stated that the Bill prima-facie travels beyond the competence of the Parliament and can be assailed as colourable legislation.
The President said that he thought it fit and proper to return the Bill, in accordance with the Constitution, with the request for reconsideration in order to meet the scrutiny about its validity (if assailed in the Court of Law).
Later, the government decided to summon a joint sitting of parliament on April 10 to table Supreme Court (Practice and Procedure), Bill 2023 limiting the chief justice’s suo motu powers in an individual capacity.
If the Supreme Court (Practice and Procedure) Bill, 2023, is approved by the joint session of parliament with majority, it will be presented to the president again for his assent. If the president does not give his nod to it within 10 days, the approval is deemed to have been given.
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 verdicts of the high courts and the Supreme Court (SC).
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