ISLAMABAD: The National Assembly (NA) on Wednesday passed the Supreme Court (Practice and Procedure) Bill 2023 with a majority vote to limit the Chief Justice of Pakistan’s (CJP) discretionary powers to take suo motu notice and bolster checks and balances in the higher judiciary.
The National Assembly also passed the Lawyers Welfare and Protection Bill.
National Assembly passes 'The Supreme Court (Practice and
Procedure) Bill, 2023'The bill was presented by Minister for Law and Justice @AzamNazeerTarar.@PTVNewsOfficial @PID_Gov @demp_gov @RadioPakistan @appcsocialmedia
— National Assembly 🇵🇰 (@NAofPakistan) March 29, 2023
The judicial reforms bill will now be presented in the Senate for its approval.
The federal government moved the bill after two Supreme Court judges — Justice Jamal Khan Mandokhail and Justice Syed Mansoor Ali Shah — raised serious questions over the powers of the country’s top judge, saying the apex court “cannot be dependent on the solitary decision of one man, the Chief Justice”.
Earlier, the standing committee for law and justice of the National Assembly approved the Supreme Court (Practice and Procedure) Bill, 2023 with some amendments.
Debate over Judicial Reforms Bill in NA
Federal Law Minister Azam Nazeer Tarar presented the bill in the house with amendments recommended by the standing committee of the house.
The amendment bill seeks amendments to the powers and authorities of the top judge of Pakistan.
Law Minister Tarar said that Article 184 was exercised unrestrained. The suo moto powers were used by former chief justice Iftikhar Chaudhry without constraints, while former chief justice Saqib Nisar crossed the limits.
“Earlier, there was no provision to appeal in suo moto notice, which is against the fundamental rights and Sharia,” Azam Nazeer Tarar said. “A bench of the apex court will be comprised of at least five judges in cases of legal and constitutional matters,” said the law minister. “The lawyer and counsel could now be changed in suo moto notice cases, which was not allowed earlier,” the minister further said.
“It was a persistent and longstanding demand of lawyers, now the Supreme Court of Pakistan judges have also raised the matter, thus the time has ripe for the Parliament to play a key role over the matter,” the federal law minister said.
The bill includes transferring the powers of taking suo motu notice from the chief justice to a three-member committee comprising three senior most judges.
Moreover, the new bill also includes a clause regarding the right to appeal against the court decision, which could be filed within 30 days and fixed for a hearing in two weeks.
The minister said that the committee proposed in the new bill would regulate the matter. He said that every case and appeal before the Supreme Court of Pakistan would be heard and wrapped up by the bench formed by the committee.
The committee will comprise the Chief Justice and two senior most judges, said the Pakistan Muslim League-Nawaz (PML-N) leader.
