The National Assembly passed the Supreme Court (Practice and Procedure) Bill, 2023 on Wednesday to restrict the ability of the chief justice of Pakistan to take suo motu notice in an individual capacity, creating a new constitutional crisis in Pakistan.
Minister for Law and Justice Azam Nazeer Tarar presented the bill, declaring there is no need for a constitutional amendment. Mohsin Dawar of the Pashtun Tahafuz Movement (PTM) proposed amendments that were accepted, and the Standing Committee on Law and Justice approved the cabinet’s proposed amendments earlier in the day.
The panel, chaired by Pakistan Muslim League-Nawaz (PML-N) MP Bashir Mehmood Virk, cleared the bill with additional amendments, including the right to appeal against suo motu verdicts taken up to 30 days before the passing of the Lawyers’ Protection Act and the requirement that any case involving the interpretation of the Constitution be heard by a bench of at least five judges.
The meeting was attended by several officials, including Tarar, his deputy Shahadat Awan, PML-N MPs Mohsin Ranjha and Ramesh Kumar Vankwani.
‘CONSTITUTIONAL RIGHT’
Speaking on the floor of the house before the adoption of the bill, Defence Minister Khawaja Asif clarified the Parliament was not attempting to seize powers from the Supreme Court, but was instead legislating in accordance with its constitutional right.
The minister revealed that a bill similar to the Supreme Court (Practice and Procedure) Bill 2023 had been drafted 15 years ago but had been opposed by a bench of the apex court.
Asif noted that the bill was not adding any parliamentarians, but rather included judges from the Supreme Court, adding that the powers of one individual were being diluted and divided among three judges.
He emphasized that the Parliament was making the process transparent and was empowered by the constitution, while all other institutions were extensions of it. He also called for a review of the law regarding the disqualification of former prime minister Yusuf Raza Gillani and criticised the disqualification of deposed prime minister Nawaz Sharif without the right to appeal.
The minister said the Parliament was not infringing on anyone else’s rights and that the institution of the judiciary should have some democracy in it.
Minister for Climate Change Senator Sherry Rehman also spoke in support of the law, stating that it is the sovereign and constitutional right of the lower house of the parliament. She emphasised that the legislation was not meant to influence an institution and that the Parliament was exercising its sovereign right and power.
Referring to the history of the country, she said it was time to reverse the law that had conferred all the powers of bench formation and hearing of cases to one person, which had been in effect for 43 years.
Senator Rehman also called for a political process to resolve the political crisis leading to an economic crisis in the country. She added that the government was not playing politics on this matter and that justice must be done and seemed to be done.
