— Bill clips chief justice’s authority to invoke suo moto provision, which allows him to take up cases on his own initiative
ISLAMABAD: The National Assembly passed the Supreme Court (Practice and Procedure) Bill, 2023 on Wednesday to restrict the ability of the chief justice of Pakistan to take suo motu notice in an individual capacity, creating a new constitutional crisis in Pakistan.
Minister for Law and Justice Azam Nazeer Tarar presented the bill, declaring there is no need for a constitutional amendment. Mohsin Dawar of the Pashtun Tahafuz Movement (PTM) proposed amendments that were accepted, and the Standing Committee on Law and Justice approved the cabinet’s proposed amendments earlier in the day.
National Assembly passes ‘The Supreme Court (Practice and
Procedure) Bill, 2023’The bill was presented by Minister for Law and Justice @AzamNazeerTarar.@PTVNewsOfficial @PID_Gov @demp_gov @RadioPakistan @appcsocialmedia
— National Assembly of 🇵🇰 (@NAofPakistan) March 29, 2023
The panel, chaired by Pakistan Muslim League-Nawaz (PML-N) MP Bashir Mehmood Virk, cleared the bill with additional amendments, including the right to appeal against suo motu verdicts taken up to 30 days before the passing of the Lawyers’ Protection Act and the requirement that any case involving the interpretation of the Constitution be heard by a bench of at least five judges.
The meeting was attended by several officials, including Tarar, his deputy Shahadat Awan, PML-N MPs Mohsin Ranjha and Ramesh Kumar Vankwani.
‘CONSTITUTIONAL RIGHT’
Speaking on the floor of the house before the adoption of the bill, Defence Minister Khawaja Asif clarified the Parliament was not attempting to seize powers from the Supreme Court, but was instead legislating in accordance with its constitutional right.
The minister revealed that a bill similar to the Supreme Court (Practice and Procedure) Bill 2023 had been drafted 15 years ago but had been opposed by a bench of the apex court.
Asif noted that the bill was not adding any parliamentarians, but rather included judges from the Supreme Court, adding that the powers of one individual were being diluted and divided among three judges.
He emphasized that the Parliament was making the process transparent and was empowered by the constitution, while all other institutions were extensions of it. He also called for a review of the law regarding the disqualification of former prime minister Yusuf Raza Gillani and criticised the disqualification of deposed prime minister Nawaz Sharif without the right to appeal.
The minister said the Parliament was not infringing on anyone else’s rights and that the institution of the judiciary should have some democracy in it.
Minister for Climate Change Senator Sherry Rehman also spoke in support of the law, stating that it is the sovereign and constitutional right of the lower house of the parliament. She emphasised that the legislation was not meant to influence an institution and that the Parliament was exercising its sovereign right and power.
Referring to the history of the country, she said it was time to reverse the law that had conferred all the powers of bench formation and hearing of cases to one person, which had been in effect for 43 years.
Senator Rehman also called for a political process to resolve the political crisis leading to an economic crisis in the country. She added that the government was not playing politics on this matter and that justice must be done and seemed to be done.
Lawyers Welfare & Protection Bill 2023 approved
Meanwhile, the National Assembly also approved the Lawyers Welfare and Protection Bill 2023 with a consensus. The bill was tabled by Federal Minister for Law and Justice Azam Nazeer Tarar.
The federal minister presented the legislation that stated that the profession of lawyers plays a pivotal role in the administration of justice, the defense of human rights, democracy, and the rule of law.
However, the recent incidents of assault, criminal force, intimidation, and threats caused to advocates, while they discharge their professional duties, have reached alarming heights, it said.
“This has also resulted in law and order situations and deficiencies in rendering professional services by advocates to their clients apart from causing a deep sense of fear in the minds of advocates,” the Bills said.
The Bill intended that in order to protect advocates from the said assaults, criminal force, intimidation and threats, it is necessary to enact legislation to protect advocates while discharging their professional duties.
In this regard, the Bill titled “The Lawyers Welfare and Protection Bill, 2023” was prepared wherein, a mechanism has been devised to ensure that the advocates can render professional services without fear or external influence for the ultimate cause of the administration of justice and the rule of law.
Moreover, the law was also in consonance with the various UN General Assembly Resolutions and in line with the Eighth United Nations Congress held in September, 199O at Havana, Cuba, where it adopted the “Basic Principles on the Role of Lawyers” which provides that the Governments shall ensure that layers are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference and where the security of lawyers is threatened as a result of discharging their functions, they shall be adequately safeguarded by the authorities.
The Bill was designed to achieve the aforesaid objectives, it said.
