Pakistan SC Moves to Stop Bill Meant to Curb Chief Justice’s Powers

Last Update: April 14, 2023, 03:51 AM IST

An eight-judge bench headed by Chief Justice Umar Ata Bandial held the first hearing of at least three petitions challenging the bill.  (Image: Twitter/File)

An eight-judge bench headed by Chief Justice Umar Ata Bandial held the first hearing of at least three petitions challenging the bill. (Image: Twitter/File)

Parliamentarians on Monday passed the Supreme Court (Practice and Procedure) Bill 2023 for the second time to curtail the power of the Chief Justice.

Pakistan’s Supreme Court on Thursday stayed the operation of a bill aimed at curtailing the powers of the chief justice, ignoring demands to stop interfering in the domain of parliament.

Lawmakers on Monday passed the Supreme Court (Practice and Procedure) Bill, 2023 for the second time, which seeks to curtail the Chief Justice’s suo motu power and create a panel of judges to hear cases.

An eight-judge bench headed by Chief Justice Umar Ata Bandial held the first hearing of at least three petitions challenging the bill, which is yet to become law as President Arif Alvi has not assent to it. However, it will become a law even without Alvi’s signature next week, ten days after it is passed by Parliament.

The bench observed that prima facie the proposed law violated the apex court’s powers to make its own rules and was liable to be heard by the court.

The court, in its order after the hearing, said that any intrusion into its practice and procedure, even in the most temporary of assessments, “would appear to be prejudicial to the independence of the judiciary, no matter how innocuous, benign or Even if regulation is desirable.” may appear from the face”.

“It is, therefore, directed and ordered as follows. The moment the Bill receives the assent of the President or (as the case may be) is deemed to have been given such assent, from that moment and until further orders, which Wherein the Act comes into force, the court said, no effect shall be given nor action shall be taken in any manner whatsoever.

The bench also issued notices to political parties, the federal government, the Attorney General, the Pakistan Bar Council (PBC), the Supreme Court Bar Association of Pakistan and other respondents in the case.

Later, the proceedings were adjourned till May 2.

Earlier in the day, representatives of political parties involved in the coalition government criticized the court for fixing the time for hearing petitions against the bill. He addressed the press conference and demanded to stop the hearing.

The parties also raised strong objections against the members of the bench.

Separately, Parliament passed a resolution to dissolve the larger eight-judge bench. The resolution moved by Pakistan People’s Party MP Agha Rafiullah was approved by a majority.

As per the motion, the lower house rejected the eight-judge bench, which did not include the two senior-most judges of the apex court. It argued that framing of the Constitution is the sole responsibility of Parliament and the House views the apex court’s judgment with “concern”.

It expressed concern over non-inclusion of senior judges in the larger bench.

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(This story has not been edited by News18 staff and is published from a syndicated news agency feed)