Return of SC bill by President most unfortunate: PM Shehbaz

ISLAMABAD: Prime Minister Shehbaz Sharif Saturday said the return of the Supreme Court bill duly passed by the Parliament was most unfortunate.

In a tweet on social media platform Twitter, he said, “President Alvi returning the Supreme Court Bill duly passed by Parliament is most unfortunate. Through his conduct, he has belittled the august Office by acting as a worker of the PTI, one who is beholden to Imran Niazi more than the Constitution & demands of his Office.”

President Alvi returning the Supreme Court Bill duly passed by Parliament is most unfortunate. Through his conduct, he has belittled the august Office by acting as a worker of the PTI, one who is beholden to Imran Niazi more than the Constitution & demands of his Office.

— Shehbaz Sharif (@CMShehbaz) April 8, 2023

Earlier in the day, 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.

The bill was moved by Federal Law Minister Azam Nazir Tarar and adopted by a majority vote of 60-19.

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).

President Dr Arif Alvi has returned the Supreme Court (Practice and Procedure) Bill, 2023 for reconsideration to the Parliament as per the provisions of the Article 75 of the Constitution, stating that the Bill prima-facie travels beyond the competence of the Parliament – pic.twitter.com/SM7HXVVa5Q

— The President of Pakistan (@PresOfPakistan) April 8, 2023

In his letter to Prime Minister Shehbaz Sharif, the president said several aspects required due consideration.

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).