The federal coalition the Pakistan Democratic Movement (PDM) on Thursday rejected the Supreme Court bench set to hear petitions against a pending legislation meant to clip the Chief Justice of Pakistan’s (CJP) powers. In a joint statement, the ruling parties opposed the eight-judge bench, saying that “such a move was never seen in the history of Pakistan and the SC”. The coalition partners vowed to resist attempts to take away parliament's authority and to interfere in its constitutional domain.

The bill, titled the Supreme Court (Practice and Procedure) Bill 2023, is aimed at depriving the office of the CJP of powers to take suo motu notice in an individual capacity. It was initially passed by both houses of parliament and sent to the president for his assent. However, the president had sent it back, saying that the proposed law travelled “beyond the competence of parliament”.

On Monday, the bill was passed by a joint sitting of parliament with certain amendments, amid a noisy protest from PTI lawmakers. An eight-judge Supreme Court bench, headed by the chief justice, will take up a set of three petitions challenging the bill today. In addition to CJP Umar Ata Bandial, the bench comprises Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Sayyed Mazahar Ali Akbar Naqvi, Justice Mohammad Ali Mazhar, Justice Ayesha A. Malik, Justice Syed Hasan Azhar Rizvi and Justice Shahid Waheed. The statement issued by the ruling coalition said that the top judge’s move was tantamount to destroying the credibility of the highest court of the country and making the constitutional process of justice meaningless”.

It further contended that the the legal fraternity too had opposed the apex court’s move to take up the petitions against a proposed law. The coalition goverment also expressed concern regarding the non-inclusion of judges from smaller provinces i.e. Balochistan and Khyber Pakhtunkhwa (KP). The petitions challenging the SC (Practice & Procedure) Bill, 2023 were separately moved by Mohammad Shafay Munir on Tuesday, and Raja Amer Khan and Chaudhry Ghulam Hussain on Wednesday. They argue that the concept, preparation, endorsement and passing of the Supreme Court (Practice and Procedure) Bill, 2023 is an act tainted with mala fide. Therefore, they urge the SC to strike it down after declaring it to be without lawful authority and of no legal effect.

The federal government, law secretary as well as principal secretaries to the premier and president have been named as respondents in the case. Advocate Imtiaz Rashid Siddiqui will represent petitioner Khan, Advocate Mohammad Azhar Siddique will appear on behalf of petitioner Hussain whereas Advocate Mohammad Hussain will represent petitioner Munir.

The petitioners requested the SC to suspend the bill during the pendency of the petition, with a directive for President Dr Arif Alvi not to assent bill so that it could not become an act of parliament. They contended that the federal government cannot frame any law that seeks to interfere or regulate with the functioning of the apex court or the powers exercised by it or its judges, including the CJP, under the Constitution. The impugned bill is ultra vires and an unconstitutional measure, in sheer violation to the constitutional mandate, the petitions said, adding the federal government has committed a blatant violation of the Constitution.

According to the petitions, the Supreme Court and its corpus as defined in Article 176 consists of CJP and so many other judges as may be determined by the parliament or, until so determined, as may be fixed by the president. It is clear that the CJP is the centrifugal force and the entire fabric of the apex court is webbed around it. The independence of the judiciary and of each of the judges and its CJP is declared as an aim enunciated in the preamble to the Constitution; the same is a part of the objective resolution and thus a substantive part of the constitution, the petitions emphasized.

Credit : Independent News Pakistan-INP