ISLAMABAD – The National Assembly on Friday announced that the SupremeCourt (Practice and Procedure) Bill 2023, which seeks to limit the powersof the chief justice of Pakistan, has been enacted into law.
The bill’s implementation was halted by an eight-member bench of theSupreme Court, led by Chief Justice Umar Ata Bandial. Despite PresidentAlvi returning the bill to Parliament as soon as it was passed by bothhouses, it was deemed to have been approved by the president under Clause(2) of Article 75 of the Constitution of the Islamic Republic of Pakistan,with effect from April 21, 2023.
Although the president did not give his assent to the bill a second time,the bill automatically became an act under the Constitution, as it waspassed by a joint session of Parliament within 10 days.
The Act
The Supreme Court (Practice and Procedure) Act, 2023 establishes athree-member committee consisting of senior judges, including the chiefjustice, with the power to take suo motu notice. The act aims to ensuretransparent proceedings in the apex court and includes the right to appeal.The formation of benches is also addressed, with the committee comprisingthe CJP and the two senior-most judges responsible for constituting everycause, matter or appeal before the court to be heard and disposed of by abench, with decisions taken by a majority.
Read Top Stories
Matters invoking the use of Article 184(3) would first be placed before thecommittee for review of their public importance with reference to theenforcement of fundamental rights. For the interpretation of theConstitution, a bench comprising no less than five apex court judges wouldbe established. Appeals against any verdict under Article 184(3) would haveto be filed within 30 days of the bench’s order for a larger SC bench andwould be heard within 14 days.
The act extends this right of appeal retrospectively to those aggrievedpersons who were subject to an order under Article 184(3) prior to theact’s commencement. The act also grants parties the right to appoint theircounsel of choice and sets a timeframe of 14 days for hearing applicationspleading urgency or seeking interim relief. The act’s provisions would takeeffect despite anything contained in any other law, rules, or regulations,or court judgements, including those of the SC and high courts.
