Judiciary vs Parliament: Pakistan SC stops implementation of bill clipping Chief Justice suo motu powers

Pakistan Chief Justice Umar Ata Bandial-led bench said the proposed law infringed powers of the Supreme Court to frame its own rules, amid ongoing tussle between the Parliament and Judiciary.

Islamabad:Ignoring calls to stop interfering in the domain of parliament, Pakistan's Supreme Court on Thursday stopped operationalisation of a bill aimed at clipping the powers of the chief justice. The lawmakers on Monday passed for the second time the Supreme Court (Practice and Procedure) Bill 2023 to dilute chief justice's power to take suo motu action and form a panel of judges for hearing of cases.

An eight-member 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 a law because President Arif Alvi has not endorsed it. However, it would become a law even without Alvi's signature next week after passing of ten days since it was passed by the parliament.

The bench observed that prima facie the proposed law infringed the powers of the apex court to frame its own rules and it merits a hearing by the court. The court in its order after hearing stated that any intrusion in its practice and the procedure, even on the most tentative of assessments, would appear to be inimical to the independence of the judiciary, no matter how innocuous, benign or even desirable the regulation may facially appear to be.

"It is therefore hereby directed and ordered as follows. The moment that the bill receives the assent of the president or (as the case may be) it is deemed that such assent has been given, then from that very moment onwards and till further orders, the act that comes into being shall not have, take or be given any effect nor be acted upon in any manner, the court stated.

The bench also issued notices to the political parties, the federal government, Attorney General, 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 the political parties which are part of the coalition government criticised the court for scheduling the hearing of petitions against the bill.

Addressing a press conference they demanded the stop hearing. The parties also showed strong reservations against the members of the bench. Separately, the parliament passed a resolution calling for the dissolution of the eight-judge larger bench. The resolution tabled by the Pakistan Peoples Party lawmaker Agha Rafiullah was approved by a majority vote.

According to the resolution, the lower house rejected the eight-member bench, which excluded two senior judges of the apex court. It argued that constitution-making is the sole responsibility of the Parliament and that the house views the decision of the apex court with "concern". It expressed concern over the non-inclusion of senior judges in the larger bench. (PTI)

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