SC bill sails through joint session
SC bill sails through joint parliament session amid ruckus
Law Minister presented draft in joint sitting chaired by NA Speaker
ISLAMABAD: The federal government Monday got the Supreme Court (Practice and Procedure) Bill, 2023, passed in the joint session of parliament after President Arif Alvi returned the bill seeking to curtail the chief justice’s suo motu powers last week.
Law Minister Law Minister Azam Nazeer Tarar presented the SC bill in the joint sitting of the house held with National Assembly Speaker Raja Pervaiz Ashraf in the chair.
The president had returned the bill for reconsideration to parliament as per the provisions of the Article 75 of the Constitution, stating that the bill prima-facie travels beyond the competence of parliament and can be assailed as colourable legislation. The bill was aimed at curtailing the powers of the chief justice of Pakistan (CJP) — including the suo motu and the formation of benches.
During the much-anticipated sitting, the house approved an amendment to the SC bill, under which the judges committee meeting will be convened to devise rules and regulations regarding the suo motu matter. The amendment was proposed by PML-N lawmaker Shaza Fatima Khawaja.
As per the amendment, the chief justice of Pakistan or any other member of the committee can call the meeting until the rules and regulations are finalised.
Now the bill will be presented before the president once again for his assent. If the head of the state does not give his approval within 10 days, it would be deemed to have been given.
Addressing the joint session, the law minister said that voices against the chief justice’s suo motu powers were arising from within the top court.
The federal minister said it was the demand of the bar associations and councils to introduce the bill and they had supported the bill. This bill, he said, was an old demand of the bar council which said that the indiscriminate use of 184(3) should be stopped.
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 the 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.
