On Thursday, Justice Umar Ata Bandial stated that the Supreme Court must investigate whether a pending legislation limiting the powers of the Chief Justice of Pakistan violates the Constitution, as the federal coalition refused the bench’s petition hearings..
During a hearing of three petitions challenging the Supreme Court (Practice and Procedure) Bill 2023, the Chief Justice of Pakistan (CJP) acknowledged the importance of judiciary independence while expressing respect for parliament. The bill, which seeks to remove the power of the CJP to take suo motu notice, was initially passed by both houses of parliament but was returned by the president for exceeding the competence of parliament. The eight-judge bench is currently examining the constitutionality of the proposed legislation.
The Supreme Court bench hearing the case challenging the Supreme Court (Practice and Procedure) Bill 2023 has issued notices to political parties, the federal government, Attorney General for Pakistan (AGP) Mansoor Awan, Pakistan Bar Council (PBC), the Supreme Court Bar Association of Pakistan, and other respondents during a hearing. On Monday, the bill was passed by parliament with certain amendments, amid protests from PTI lawmakers. The eight-judge bench, including Chief Justice Umar Ata Bandial and Justice Ijazul Ahsan, has adjourned the proceeding until next week.
In The Haring
During the hearing, the petitioners’ lawyers, Advocate Azhar Siddique, Advocate Imtiaz Rashid Siddiqui, and Attorney General for Pakistan (AGP) Mansoor Awan, appeared before the court. Advocate Imtiaz presented his arguments, emphasizing the importance of the case in the current political scenario. He highlighted the increased political divide and crisis since the restoration of the National Assembly in April last year and noted that the federal government and the Election Commission of Pakistan (ECP) are reluctant to hold polls in Punjab and KP.
The Supreme Court of Pakistan is currently hearing a case regarding the Supreme Court (Practice and Procedure) Bill 2023, which was recently passed by the parliament. The bill has faced criticism from various quarters, including lawyers and civil society, who have argued that it is an attempt to interfere with the independence of the judiciary. The lawyer representing the petitioners argued that the bill would reduce the powers of the Chief Justice of Pakistan and the Supreme Court as a whole. He also contended that the bill was unconstitutional and illegal. The Supreme Court has taken a suo motu notice of the matter and instructed the government to hold elections, but the lawyer argued that a deeper crisis had emerged after the apex court’s orders, with the court and judges being personally criticized. The CJP adjourned the hearing till next week.