Ruling alliance rejects SC ‘controversial’ bench on bill clipping CJP's powers

ISLAMABAD: The ruling alliance on Thursday rejected the eight-member SC bench constituted to hear petitions challenging the Supreme Court (Practice and Procedure) Bill 2023, ARY News reported.

An eight-judge Supreme Court bench, headed by the chief justice, is hearing a set of three petitions challenging the bill clipping CJP’s powers.

The bench headed by Chief Justice of Pakistan Umar Ata Bandial includes Justice Ijazul Ahsan, Justice Muneeb Akhtar, Justice Shahid Waheed, Justice Muzahir Ali Akbar Naqvi, Justice Muhammad Ali Mazhar, Justice Ayesha Malik and Justice Syed Hassan Azhar Rizvi.

Addressing a press conference along with federal minister Qamar Zaman Kaira and Amin-ul-Haq and other members of the ruling alliance, Law Minister Azam Nazeer Tarar sought the dissolution of the eight-member bench hearing petitions over Supreme Court (Practice and Procedure) Bill 2023.

“CJ’s decisions were leading matters towards an outright clash,” he said, adding that only parliament has power to make laws and strengthen institutions. Tarar stressed that all bar councils of Pakistan have condemned the move and announced complete boycott of the courts.

“Pakistan Bar Council, Sindh Bar Council, Balochistan Bar Council, Punjab Bar Council, Islamabad Capital Territory Bar Council and Khyber Pakhtunkhwa Bar Council boycotted the eight-member bench constituted to hear the pleas against the pre-mature bill,” he added.

 He went on to say that the apex bench did not include two senior-most judges and those placed on number five, seven, and eight according to the list of seniority.

“The SC bill is being heard by a selective bench,” Azam Tarar said, adding that the “controversial” bench was constituted on a “pick and choose” basis.

“The bench is constituted for hearing SC bill in a haste,” Tarar said and added CJP fixed the hearing despite the bill being “premature” because it has not yet become an Act as the president returned the bill without signing it.

PPP lawmaker Qamar Zaman Kaira, Kamran Murtaza of the JUIP, ANP leader Mian Iftikhar Hussain, MQM’s Syed Aminul Haque, Senator Tahir Bizenjo of BNP among others expressed solidarity with the law minister and seconded his remarks urging the CJ to reconsider the bench constitution.

In a statement released on Thursday after a consultative meeting, the ruling coalition rejected the move and called it ‘controversial’.

The statement stated that the move has never been seen before in the history of Pakistan and the court. The government parties claim that it is an attempt to destroy the credibility of the highest court and make the constitutional process of justice ‘meaningless’.

The statement pointed out that respected judges of the Supreme Court have also expressed their objections to such actions.

The ruling parties expressed their disappointment that no judge from smaller provinces such as Balochistan and Khyber Pakhtunkhwa has been included in the bench. They called the move an ‘attack’ on the authority of the parliament, which they will resist.

Bill

On Monday, amid strong protests by Pakistan Tehreek-e-Insaf (PTI) lawmakers, the Joint Sitting of Parliament passed the Supreme Court (Practice and Procedure) Bill 2023, which aims to curtail the suo motu powers of office of the chief justice of Pakistan (CJP).

Minister for Law and Justice Azam Nazeer Tarar moved the Supreme Court (Practice and Procedure) Bill, 2023 which was passed by the Parliament.

It is to mention that President Dr Arif Alvi returned the ‘judicial reforms’ bill for reconsideration to the Parliament as per the provisions of Article 75 of the Constitution.

The joint sitting of Parliament reconsidered it and passed the legislative proposal. Former Minister for Law and Justice and Senator Farooq H. Naek and JUI-F Senator Kamran Murtaza spoke on the various sections of the bill and were of the view that was the right time of legislation which would ensure reforms in judicial affairs.