In a surprising turn of events, the federal government has announced its decision to review the Supreme Court (Practice and Procedure) Bill, 2023, which aimed to curtail the powers of the Chief Justice to initiate suo motu proceedings and constitute benches on their own. Attorney General of Pakistan, Mansoor Usman Awan, informed Chief Justice Umar Ata Bandial during a hearing of pleas against the SC Law that certain provisions within the law exhibit overlapping aspects and called for the government to review the bill.
The hearing took place before an eight-judge Supreme Court bench, headed by CJP Bandial and consisting of 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.
During the hearing, the Attorney General highlighted the similarities between the Supreme Court (Practice and Procedure) Bill, 2023, and existing laws, particularly in sections concerning review and the engagement of legal representation. He stressed the need to determine which legislation should be relied upon and urged the court to resolve the issue of overlapping provisions.
In response, Chief Justice Umar Ata Bandial expressed satisfaction that the government and Parliament were taking steps to address the overlapping laws. He emphasized the importance of consulting with the Supreme Court when formulating legislation pertaining to the judiciary and suggested that Parliament should be requested to harmonize both laws. The Chief Justice welcomed the Attorney General’s proposal.
The Attorney General 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.
During the hearing, Advocate Imtiaz Siddiqui raised the issue of obtaining the record of parliamentary proceedings. Chief Justice Bandial clarified that they had obtained the necessary record from the Parliament’s website, despite reports stating otherwise.
Justice Mazhar emphasized the importance of resolving the issue of similar laws, stating that hearing petitions regarding the full court would be futile if the laws were indeed similar. The Attorney General suggested referring the matter to Parliament for discussion, but Chief Justice Bandial indicated that they would address the issue when the government or Parliament provided advice.
The Chief Justice adjourned the hearing until the following week, instructing the Attorney General to seek instructions from the government. He assured the lawyers present that an appropriate order would be issued later that day and apologized to the lawyers who had traveled from Sindh and other areas, expressing hope that they would enjoy the pleasant weather in the capital.
The Supreme Court (Practice and Procedure) Bill 2023 aimed to limit the powers of the Chief Justice of Pakistan (CJP) to take suo motu notice. It faced obstacles in its journey to becoming law, being sent back by the president for being beyond parliament’s competence. However, it was later adopted by a joint session of parliament with some amendments. The implementation of the law is currently on hold due to a recent ruling by an eight-member apex court bench, which stated that it shall not take effect in any manner.
Three petitions challenging the bill were filed under Article 184(3) of the Constitution. The petitioners argue that the bill is tainted with mala fide and request the court to strike it down as without lawful authority and of no legal effect. The petitions emphasize that the federal government cannot frame any law that interferes with or regulates the functioning of the apex court or its judges, including the CJP, under the Constitution. They argue that the bill is ultra vires and unconstitutional, violating the constitutional mandate and the independence of the judiciary.
The petitions highlight that the independence of the judiciary and each judge, including the CJP, is a substantive part of the Constitution and must not be compromised. They argue that the office of the CJP, with respect to constitutional powers, cannot be regulated by Parliament. The petitions seek to protect the independence and functioning of the judiciary, stating that any attempt to interfere with its powers and functions is a violation of the Constitution and the fundamental principles of justice.
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The review of the Supreme Court (Practice and Procedure) Bill, 2023, by the federal government indicates a willingness to address the concerns raised regarding the curtailment of the Chief Justice’s powers. The outcome of the review and subsequent actions by the government and Parliament will determine the future of the bill and its impact on the judiciary’s independence in Pakistan.
