ISLAMABAD: Supreme Court (SC) stopped implementation of Supreme Court (Paractice and Procedure) Bill 2023, aimed at curtailing Chief Justice of Pakistan (CJP)’s power to take suo motu notice, until further orders.

An eight-member bench of apex court, headed by CJP Umar Ata Bandial issued an eight-page order in case against the bill, wherein four petitions had been filed by Advocate Khawaja Tariq Rahim and others.

Written order stated that bill would not be implemented, regardless of whether President Dr Arif Alvi signed it or not. Later, court adjourned hearing until May 2.

Umar Ata Bandial remarked that court has utmost respect for Parliament and issued notices to AGP, political parties, bar councils and others during hearing of petitions challenging bill clipping powers of Chief Justice.

CJP Bandial said next hearing of case will be decided after consultation with fellow judges and added that court will release order of today’s hearing.

Earlier, court issued notices to political parties, federal government, Attorney General for Pakistan Mansoor Awan, Pakistan Bar Council, Supreme Court Bar Association and other respondents in case.  An eight-member larger bench headed by Chief Justice of Pakistan Umar Ata Bandial is hearing plea.

Bench includes Justice Ijaz-ul-Ahsan, Justice Muneeb Akhtar, Justice Mazahir Naqvi, Justice Muhammad Ali Mazhar, Justice Ayesha Malik, Justice Hasan Azhar Rizvi and Justice Shahid Waheed. At outset of hearing, Advocate Imtiaz Siddiqui, counsel for petitioner Raja Amir, argued that case was of prime importance in present scenario.

After Qasim Suri case, there has been lot of political division. Since restoration of National Assembly, political crisis deepened, he added.

Supreme Court had to take suo motu notice as federal government and Election Commission showed no willingness to conduct elections and order Commission to conduct polls, counsel continued. Under Article 191, Supreme Court is authorised to make its own rules. Counsel said that Supreme Court could invalidate bill passed by Parliament. Supreme Court is nothing without Chief Justice.

Limiting powers of Chief Justice will affect independence of judiciary. Advocate Siddiqui said powers of Chief Justice and judges could not be curtailed.

Office of Chief Justice could not be used by any other judge, even for moment. How can office of Chief Justice be shared with two senior judges? Court is guardian of Constitution and empowered to administer justice, he said and added that institutions including Parliament are bound to obey orders of Supreme Court. Chief Justice Umar Atta Bandial said that all judges of court are equal. Justice Muneeb Akhtar asked Advocate Siddiqui what he wanted from court in present case.

He requested that court to declare bill unconstitutional. Court must prevent proposed bill from becoming law pending decision.

Published in The Daily National Courier, April, 14 2023

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