The Supreme Court Practice and Procedure Bill, 2023, was passed by the National Assembly on Wednesday, with the goal of limiting the Chief Justice of Pakistan’s ability to take suo moto notice.
According to the state broadcaster, the bill was presented by Federal Minister for Law and Justice Azam Nazeer Tarar.
The Bill intends to delegate the authority to take suo motu notice to a three-member committee comprised of senior judges, including the Chief Justice.
It also states that any matter invoking the exercise of original jurisdiction under clause (3) of Article 184 of the Constitution shall be first placed before the committee for examination, and if the committee is of the opinion that a question of public importance pertaining to the enforcement of any of the fundamental rights is involved, it shall constitute a bench consisting of not less than three judges of the apex court, which may also include the members of the committee for the purpose of resolving the issue.
It is recommended that an appeal be filed within 30 days of the final order of a Supreme Court bench that exercised jurisdiction over the larger bench of the apex court, and that such an appeal be heard within a period of fourteen days.
In his remarks, Law Minister Azam Nazir Tarar stated that the bill was introduced due to the demand of the bar associations and councils and that they have supported it. “This bill was an old demand of the Bar Council to stop the indiscriminate use of 184(3),” he added.
Minister for Climate Change Sherry Rehmany stated on the occasion that legislation such as the Supreme Court (Practice and Procedure) Bill 2023 was the sovereign and constitutional right of parliament.
“We have never seen such a state of division and indecision in Pakistan,” she said. This schism is bad for the benches, courts, and the country because the right of the parliament to rule of law and legislation has been asserted today.”
Minister for Defence Khawaja Asif stated that the Parliament was not usurping the powers of the Supreme Court, but rather legislating in accordance with its constitutional mandate.
