SC law clipping CJP's suo moto powers challenged
- By Abid Khan -
- Apr 26, 2023
LAHORE: The Supreme Court (Practice and Procedure) Act 2023 – which aims to curtail the suo motu powers of the office of the chief justice of Pakistan (CJP) – has been challenged before the Supreme Court Lahore registry, ARY News reported.
Lawyer Shahid Rana filed a petition with the Supreme Court’s Lahore registry.
The petitioner maintained that the formation of benches in the top court is the administrative authority of the chief justice of Pakistan.
It argues that the right to appeal in suo motu cases is not possible without making constitutional amendments.
The petitioner urged the apex court to declare the Supreme Court (Practice and Procedure) Act 2023 null and void.
It is pertinent to mention here that despite Supreme Court’s directive, the National Assembly last Friday notified the conversion of Supreme Court (Practice and Procedure) Bill 2023 – which aims to curtail the suo motu powers of the office of the chief justice of Pakistan (CJP) – into an act.
National Assembly Secretariat notified that the bill of the Majlis-e-Shoora (Parliament) deemed to have been assented by the president (with effect from April 21, 2023) under Clause (2) of the Article 75 of the Constitution of Islamic Republic of Pakistan.
President Dr Arif Alvi, for a second time, refused to give his assent to Supreme Court (Practice and Procedure) Bill, 2023 and sent it back to parliament, maintaining that the matter was now sub judice before the apex court.
The bill was approved by the federal cabinet on March 28 and then passed by both houses of parliament — the National Assembly and Senate.
The bill
The passed bill – the Supreme Court (Practice and Procedure) Bill, 2023 – aims at giving the power of taking suo motu notice to a three-member committee comprising senior judges including Chief Justice. It also aims to have transparent proceedings in the apex court and includes the right to appeal.
Regarding the constitution of benches, the bill states that every cause, matter or appeal before the apex court would be heard and disposed of by a bench constituted by a committee comprising the CJP and the two senior-most judges. It added that the decisions of the committee would be taken by a majority.
Regarding exercising the apex court’s original jurisdiction, the bill said that any matter invoking the use of Article 184(3) would first be placed before the above mentioned committee.
The bill says that if the committee is of the view that a question of public importance with reference to the enforcement of any of the fundamental rights conferred by Chapter I of Part II of the Constitution is involved, it shall constitute a bench comprising not less than three judges of the Supreme Court of Pakistan which may also include the members of the committee, for adjudication of the matter.
The bill additionally said that a party would have the right to appoint its counsel of choice for filing a review application under Article 188 of the Constitution.