CJP's Powers in Peril: Cabinet Approves Bill to Curb Suo Motu Notices and Bench Constitutions

Islamabad: The federal cabinet on Tuesday approved a bill that aims to limit the powers of the chief justice of Pakistan in terms of taking suo motu notices and constituting benches of the Supreme Court.

 The cabinet summary of the Supreme Court (Practice and Procedure) Bill, 2023 stated that the exercise of original jurisdiction by the apex court under Article 184(3) of the Constitution had been the subject of discussion by various forums.

Justice Syed Mansoor Ali Shah and Justice Jamal Khan Mandokhail of the Supreme Court had called for a review of the power of the “one-man show” enjoyed by the chief justice a day prior.

They emphasized that the country’s top court cannot rely on the solitary decision of one man. Their comments were included in a detailed dissenting note that was released on Monday, a few hours after the SC had taken up the PTI's plea to challenge the postponement of elections in Punjab, regarding the top court’s March 1 verdict on holding elections in Punjab and Khyber Pakhtunkhwa, where the two provincial assemblies have been dissolved.

In reference to the provincial elections, two judges have declared that the suo motu proceedings have been dismissed by a 4-3 majority. They argued that the Chief Justice of Pakistan (CJP) lacked the authority to reorganize benches without the approval of the concerned judges.

During his speech at the National Assembly today, Prime Minister Shehbaz Sharif praised the dissenting note and regarded it as a "glimmer of hope." He also urged for the enactment of appropriate legislation in response.

The cabinet has passed a bill regarding the constitution of benches for the apex court in Pakistan. According to the bill, a committee consisting of the CJP and the two senior-most judges will constitute benches for hearing and disposing of every cause, matter or appeal before the court. The committee will take decisions by majority.

The bill also states that any matter invoking the use of Article 184(3) will be placed before the committee. If the committee finds that the matter involves a question of public importance with reference to enforcement of any of the fundamental rights conferred by Chapter I of Part II of the Constitution, it will constitute a bench of not less than three judges of the Supreme Court of Pakistan for adjudication of the matter. The members of the committee may also be included in the bench.

Regarding appeals, the bill specifies that any appeal against a verdict by an apex court bench exercising Article 184(3)'s jurisdiction will lie within 30 days of the bench's order to a larger SC bench. The appeal will be fixed for hearing within 14 days.

The bill also proposes changes to other aspects of the law, including the right of a party to appoint its counsel of choice for filing a review application under Article 188 of the Constitution. Additionally, any application seeking interim relief or pleading urgency filed in a cause, appeal or matter will be fixed for hearing within 14 days from the date of filing.

The bill's provisions will have effect notwithstanding anything contained in any other law, rules or regulations for the time being in force or judgment of any court, including the SC and high courts.