- Eight-member apex court bench had stopped implantation of bill a week ago
- President Dr Alvi returned the bill unsigned twice
ISLAMABAD: In the midst of the prevailing political and constitutional, the National Assembly Secretariat notified Supreme Court (Practice and Procedure) Bill, 2023 as law, despite a stay order issued by an 8-member bench of the Supreme Court, halting its implementation.
The development was shared by the National Assembly’s official Twitter account on Friday.
“Supreme Court (Practice and Procedure) Act, 2023 of the Majlis-i-Shoora (Parliament) is deemed to have been assented by the President […] under clause (2) of Article 75 of the Constitution of Islamic Republic of Pakistan. It is hereby published for general information,” the tweet said.
Supreme Court (Practice and Procedure) Act, 2023 of the Majlis-e-Shoora (Parliament) is deemed to have been assented by the President W.e.f 21 April 2023, under Clause (2) of the Article 75 of the Constitution of Islamic Republic of Pakistan. It is hereby published for general… pic.twitter.com/FIpBmJsALs
— National Assembly of 🇵🇰 (@NAofPakistan) April 21, 2023
A week ago while grating stay order in the matter, the eight-member bench of the apex court, led by Chief Justice of Pakistan (CJP) Umer Ata Bandial, had issued notices to the Federal Government, Attorney General for Pakistan (AGP), political parties, Pakistan Bar Council (PBC) and the Supreme Court Bar Association (SCBA) in response to pleas challenging the Supreme Court (Practice and Procedure) Bill, 2023.
The CJP led bench has termed the bill ‘interference with and intrusion into the independence of the judiciary.’
However, the Supreme Court (Practice and Procedure) Bill, 2023 – curtailing CJP’s suo motu powers has become a law on Friday after being passed by the National Assembly (NA), fulfilling all the necessary requirements and regulations. The National Assembly of Pakistan shared the bill’s copy on its official Twitter handle.
On the other hand, 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 lower and upper houses passed the instrument.
However, the president refused to sign it into law with the observation that it travelled “beyond the competence of parliament”. Later, a Joint Sitting of Parliament passed the Supreme Court (Practice and Procedure) Bill 2023 again on April 10. Three days later, the Supreme Court (SC) barred the government from implementing the Supreme Court (Practice and Procedure) Bill, 2023.
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.
