In an unexpected development, the federal government decided to review the Supreme Court (Practice and Procedure) Bill, 2023, which curtailed the top judge’s powers to initiate suo motu proceedings and constitute benches on his own.
During a hearing of pleas against the SC Law, Attorney General of Pakistan Mansoor Usman Awan told Chief Justice Umar Ata Bandial that certain provisions within the law exhibit overlapping aspects and the government to review Supreme Court (Practice and Procedure) Bill, 2023.
An eight-judge Supreme Court bench, headed by CJP Bandial comprising Justice Ijazul Ahsan, Justice Muneeb Akhtar, Justice Mazahar Ali Akbar Naqvi, Justice Muhammad Ali Mazhar, Justice Ayesha Malik, Justice Hasan Azhar Rizvi, and Justice Shahid Waheed heard pleas.
At the outset of the hearing, AGP told the court that the law pertaining to the Chief Justice’s suo motu powers encompassed various other aspects as well.
Mr Awan noted the similarities between these laws, particularly in sections concerning review and the engagement of legal representation.
AGP Awan highlighted the comprehensive nature of the Supreme Court (Practice & Procedure) Act, 2023, which included provisions addressing internal affairs within the court. He stressed the need to determine which of the two legislations should be relied upon, urging the court to find a resolution regarding the overlapping provisions.
In response, Chief Justice Umar Ata Bandial expressed satisfaction that the government and Parliament were undertaking amendments to address the overlapping laws.
He emphasized the importance of consulting with the Supreme Court when formulating legislation pertaining to the judiciary. CJP Bandial specifically mentioned the similarity between sections 4 and 6 in the law regarding the review of judgments.
CJP Bandial suggested that Parliament should be requested to harmonize both laws, welcoming the proposal put forth by the Attorney General.
AGP Awan acknowledged the need for the Supreme Court’s consultation during the amendment process, especially concerning administrative matters. He assured that going forward, the court’s advice would be sought on various matters in addition to legislation.
The law
The Supreme Court (Practice and Procedure) Bill 2023, aimed at limiting the powers of the Chief Justice of Pakistan (CJP) to take suo motu notice, has faced obstacles in its journey to becoming law.
While initially passed by both houses of parliament, the bill was sent back by the president for being beyond parliament’s competence. Later, it was adopted by a joint session of parliament, albeit with some amendments.
However, a recent ruling by an eight-member apex court bench has put the law’s implementation on hold, stating that it shall not take effect in any manner. The ruling came during a hearing of three petitions challenging the bill. It remains to be seen whether the bill will eventually become law or not.
