Bill to curtail CJP’s powers becomes law amid SC freeze
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ISLAMABAD: In an apparent act of ‘defiance’, National Assembly notified Supreme Court (Practice and Procedure) Bill 2023 as an Act, curtailing powers of Chief Justice of Pakistan (CJP).
Earlier, eight-member bench of Supreme Court headed by CJP Umar Ata Bandial halted implementation on Bill. However, it was notified as Law today because it was deemed to have been assented to by President (with effect from April 21, 2023) under Clause (2) of Article 75 of Constitution of Islamic Republic of Pakistan.
President Dr Arif Alvi returned Bill back to Parliament as soon as it was passed by both houses of Parliament. However, it was made an Act as it was passed by joint session of Parliament after President’s refusal. National Assembly shared Bill’s copy on its twitter handle.
NA spokesman said Secretary of National Assembly had issued Gazette notification to Printing Corporation in that regard. Top court last week had passed an order restraining government from enforcing then-bill when it became law.
“Moment that Bill receives assent of President or it is deemed that such assent has been given, then from that very moment onwards and till further orders, act that comes into being shall not have, take or be given any effect nor be acted upon in any manner,” said an interim order issued by an eight-member bench.
He cited Article 67 and Article 191 of Constitution that define limits of Parliament and Supreme Court of Pakistan. Article 67 that states “Subject to Constitution, House may make rules for regulating its procedure and conduct of its business.” while Article 191 states that “Subject to Constitution and law, Supreme Court may make rules regulating practice and procedure of Court”.
President said, “Articles 67 and 191 are akin to each other and recognise autonomy and independence of each other respectively barring interference of one into other’s domain”.
Published in The Daily National Courier, April, 22 2023
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