President Alvi again returns bill clipping CJP's Suo Motu powers for reconsideration

Islamabad: President Dr. Arif Alvi once again returned the Supreme Court (Practices and Procedure)  bill 2023, aimed at curtailing to the powers of the chief justice of Pakistan, to the parliament without signing it again.

The President said that the issue of the competence of legislation and the correctness of the bill is under consideration in the highest judicial forum, and out of respect for the matter being under consideration, no further action should be taken on the bill.

It should be noted that the bill related to judicial reforms was passed by a heavy majority in the National Assembly, where the opposition party and government members fully supported the bill, while a few independent members referred it to the judiciary.

During the hearing of requests against the Practice and Procedure Bill in the Supreme Court, an 8-member larger bench headed by Chief Justice of Pakistan Justice Umar Ata Bandial stopped the implementation of the Practice and Procedure Bill in the Supreme Court, stating that action will not be taken in both cases, whether the President signs it or not. The written order stated that the court cannot suspend any law and that interference in the independence of the judiciary was made through the bill.

Bill and its provisions:

Regarding the formation of benches, it was stated in the bill approved by the National Assembly after the amendments that any case, matter, or appeal brought before the Supreme Court will be heard and decided by a bench comprising of the Chief Justice and two senior-most judges through the formation of a committee. The decisions of the committee will be made by a majority vote.

With respect to the use of the original jurisdiction of the Supreme Court, the bill stated that any matter related to the use of Article 184(3) will be brought before the aforementioned committee first.

It was further stated that if the committee deems that a question of public importance related to the enforcement of any fundamental rights under Part II, Chapter 1 of the Constitution is raised as part of a petition, it will constitute a bench comprising of at least three judges, including the committee members, if necessary.

Regarding the use of the powers conferred by Article 184(3), the bill stated that an appeal regarding any decision of a bench of the Supreme Court using its original jurisdiction will be sent to a larger bench of the Supreme Court within 30 days of the decision. The appeal will be heard within a period of less than 14 days.

The bill also proposes changes to other aspects of the law, stating that a party will have the right to appoint its preferred lawyer to file a review petition under Article 188 of the Constitution.

It also stated that, for reasons of speedy trial or interim relief in a matter, appeal or otherwise, the Supreme Court may conduct an early hearing or grant interim relief.