ISLAMABAD — The National Assembly on Wednesday passed the Supreme CourtPractice and Procedure Bill, 2023 that aims to curtail power of ChiefJustice of Pakistan to take suo moto notice.
The bill was presented by Federal Minister for Law and Justice Azam NazeerTarar, according to the state broadcaster.
The Bill aims at giving the power of taking suo motu notice to athree-member committee comprising senior judges including Chief Justice.
It further states any matter invoking exercise of original jurisdictionunder clause (3) of Article 184 of the Constitution shall be first placedbefore the committee for examination and if the committee is of the viewthat a question of public importance with reference to enforcement of anyof the fundamental rights is involved then it shall constitute a benchcomprising not less than three judges of the apex court, which may alsoinclude the members of the committee for adjudication of the matter.
It recommends that an appeal shall lie within 30 days from the final orderof a bench of the Supreme Court, which exercised jurisdiction to the largerbench of the apex court and such appeal shall for hearing be fixed within aperiod not exceeding fourteen days.
Expressing his views, Law Minister Azam Nazir Tarar said it was the demandof the bar associations and councils to introduce the bill and they havesupported the bill. “This bill was an old demand of the Bar Council whichsaid that indiscriminate use of 184(3) should be halted,” he added.
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Speaking on the occasion, Minister for Climate Change Sherry Rehmany saidthat legislation like Supreme Court (Practice and Procedure) Bill 2023 wasthe sovereign and constitutional right of parliament.
She said, “We have for the first time seen such a situation of division andindecisiveness in Pakistan. This division is not good for the benches,courts and the country because rule of law and legislation is the right ofthe parliament that has been asserted today.”
Minister for Defence Khawaja Asif said the Parliament was not usurping thepowers of the top court but rather legislating as per its constitutionalright.
