The Supreme Court of Pakistan has set May 2 as the hearing date for the Supreme Court Practice and Procedure Bill 2023. The eight-member bench, headed by Chief Justice Umar Ata Bandial, will hear the case on Tuesday. The court has issued notices to the Attorney General of Pakistan, Supreme Court Bar Association, Pakistan Bar Council, and nine political parties, including Pakistan Muslim League Nawaz, Pakistan People’s Party, and Pakistan Tehreek-e-Insaaf.
In the last hearing, the Supreme Court stopped the implementation of the Judicial Reforms Bill. The Parliament Joint Session, chaired by National Assembly Speaker Raja Pervez Ashraf, passed The Supreme Court (Practice and Procedure) Bill 2023 amid protests from PTI senators on April 10. Law Minister Azam Nazir Tarar presented the Bill, and the joint session passed the clause-wise approval of the Supreme Court Practice and Procedure Bill, rejecting the proposal by the Jamaat-e-Islami Senator Mushtaq Ghani.
During the session, PTI senators holding placards staged a protest and opposed the Bill by raising slogans against the PDM-led Shehbaz Sharif government. The session has been adjourned till May 15 till 4 pm.
The bill proposes judicial reforms and changes in the appointment process of judges. It has been a topic of debate among the legal community and politicians. The Supreme Court has raised concerns about some of the provisions in the bill, including the establishment of a permanent secretariat and a national judicial policy-making committee. The court has stated that these provisions could affect its independence and undermine the separation of powers.
The government has defended the bill, stating that it aims to bring transparency and accountability to the appointment process of judges. The government has also emphasized that the bill has been drafted after extensive consultations with all stakeholders, including the legal community and bar councils.
The Pakistan Bar Council has also expressed concerns about the bill, stating that it could affect the independence of the judiciary. The council has called for further consultations and discussions before passing the bill. The legal community has also voiced concerns about the bill’s impact on the judiciary’s ability to function independently and protect citizens’ rights.
The Supreme Court has been proactive in protecting its independence and authority in recent years. In 2020, the court struck down a presidential order that extended the tenure of the army chief, stating that it was unconstitutional. The court also overturned the conviction of former Prime Minister Nawaz Sharif, citing a lack of evidence.
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The hearing on May 2 will be crucial in determining the future of the Judicial Reforms Bill. The court’s decision will have far-reaching implications for the judiciary’s independence and authority in Pakistan. It remains to be seen whether the government can address the concerns raised by the Supreme Court and the legal community regarding the bill.
