An eight-member larger bench of the Supreme Court (SC) will resume hearing petitions challenging a bill seeking to curtail the powers of the chief justice of Pakistan (CJP) today (Monday) at 12:30pm.
An eight-member Supreme Court bench led by Chief Justice Umar Ata Bandial will resume the hearing of petitions against a bill, which became an act of Parliament under Article 75(2) of the Constitution, on Monday. The law aims to curtail the powers of the CJP.
Article 75(2) of the Constitution says that when the president has returned a bill to Parliament, it shall be reconsidered in a joint sitting. If it is again passed, with or without amendment, by the votes of the majority of the members of both houses, it is again referred to the president for approval. The president shall give his assent within ten days, failing which such assent shall be deemed to have been given.
The eight-member bench will comprise CJP Umar Ata Bandial, Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Sayyad Mazahar Ali Akbar Naqvi, Justice Muhammad Ali Mazhar, Justice Ayesha Malik, Justice Syed Hasan Azhar Rizvi and Justice Shahid Waheed.
In the last hearing, the top court rejected Pakistan Bar Council Executive Chairman Hasan Raza Pasha’s request for the formation of a full court bench to hear the petitions challenging the bill.
The SC also sought a record of parliamentary proceedings on the Supreme Court Practices and Procedures Bill 2023 from the government. It has also sought the record of debates held during the standing committee meeting.
The government has asked the court to reject petitions asking for the bill to be scrapped. It has also filed a separate request asking for the matter to be referred to a full court bench.
The government has maintained the position that striking down the bill would amount to an encroachment into the business of creating legislation, which is the prerogative of the parliament.
The bill aims to clip the CJP’s powers to form benches and take suomotu notices. However, the bill came at a time when the parliament and judiciary are locking horns over elections in Punjab.
There are three petitions filed under Article 184(3) of the Constitution by Advocate Shafay Munir, Raja Amer Khan, Chaudhry Ghulam Hussain and others against the law.
The three petitions argued that the concept, preparation, endorsement and passing of the Supreme Court (Practice and Procedure) Bill, 2023 was an act “tainted with mala fide”. They urged the SC to strike it down after declaring it to be without lawful authority and of no legal effect.
A joint session of Parliament passed the Supreme Court Practices and Procedures Bill 2023 [on April 11][4] amid protests from the PTI. The bill was presented by Law Minister Azam Nazeer Tarrar that pertains to the CJP’s powers to make benches and take suo motu notices. But, the Supreme Court stopped its implementation through an interim order.
SC to resume hearing pleas against bill aimed at curtailing CJP’s powers
