[vc_row][vc_column][vc_column_text dp_text_size=”size-4″]ISLAMABAD: The ruling coalition issued a joint statement on Thursday in which it rejected the formation of an eight-judge larger “controversial” bench to hear petitions filed against the Supreme Court (Practice and Procedure) Bill, 2023, which limits the top judge’s powers to initiate suo motu proceedings.
The ruling parties added in their joint statement that “such a move has never been seen before in the history of Pakistan and the court.”
The parties went on to say that the move “amounts to destroying the credibility of the country’s highest court and rendering the constitutional process of justice meaningless.”
“This bench itself is a testament to the Supreme Court’s division, which once again supports the previously stated position of the ruling parties,” the statement continued.
The ruling coalition also stated that the Supreme Court’s honourable judges have openly expressed their opposition to the “one-man show,” biassed and dictatorial behavior, and the formation of special benches in their decisions.
The statement went on to say that Pakistan is a federation, and that ignoring this fact, as well as not adding any judges from the two smaller provinces of Balochistan and Khyber-Pakhtunkhwa, is “unfortunate.”
“The action of the SC and the statement of the Bar counsels of Pakistan on the formation of the controversial bench is clear proof that this action is not only against justice and fairness but also against the prevailing judicial procedures and established principles,” added the statement.
It was clarified in the joint statement that on October 12, 2019, the All Pakistan Lawyers Convention in Lahore passed a resolution and demanded the parliament to pass this law.
“Acting on the demand of lawyers across the country, the Parliament passed the relevant law,” it maintained.
The ruling parties added that “every attempt to take away the authority of the Parliament and interfere in its constitutional scope will be strongly resisted, there will be no compromise on the authority of the Parliament in the light of the Constitution of Pakistan”.
The coalition parties’ joint statement comes just one day after Chief Justice of Pakistan Umar Ata Bandial convened an eight-judge larger bench to hear petitions challenging the Supreme Court (Practice and Procedure) Bill, 2023.
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In addition to the chief justice, the larger bench includes Justices Ijazul Ahsan, Muneeb Akhtar, Mazahar Ali Akbar Naqvi, Muhammad Ali Mazhar, Ayesha Malik, Hasan Azhar Rizvi, and Shahid Waheed.
Interestingly, none of the judges who had written dissenting opinions in recent cases, such as Justice Jamal Khan Mandokhail, Justice Syed Mansoor Ali Shah, Justice Yahya Afridi, and Justice Athar Minallah, were appointed to the bench.
On April 11, the government’s proposed bill was sent to the president for approval. According to the law, President Alvi can keep the bill pending for 10 days before it becomes law.
A joint sitting of parliament passed the bill with amendments days after the president returned it amid PTI senators’ protest.
The government has curtailed the CJP’s powers of taking suo motu notice and constituting benches through the bill, proposing that such matters be decided by a three-member committee comprised of senior judges, including the CJP, in order to increase transparency in judicial affairs.
Among other things, the bill grants the right to appeal in suo motu cases and allows a party to appoint its own counsel when filing a review application.
According to the bill, the appeal must be filed within 30 days of the bench’s order to a larger Supreme Court bench, and it must be heard within 14 days.[/vc_column_text][/vc_column][/vc_row]
