ISLAMABAD – The government in a desperate attempt to pass Supreme Court Bill moved to parliament after President Arif Alvi refused to give assent to a controversial bill limiting the powers of country’s top judge.
A joint sitting of parliament is set to be held today on Monday as President Arif Alvi returned the Supreme Court (Practice and Procedure) Bill, 2023, unsigned over the weekend.
The Bill aims at giving the power of taking suo motu notice to a three-member committee comprising senior judges including Chief Justice. It further states any matter invoking 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 view that a question of public importance with reference to enforcement of any of the fundamental rights is involved then it shall constitute a bench comprising not less than three judges of the apex court, which may also include the members of the committee for adjudication of the matter.
The tweaks in the rules of the country’s top court triggered a new debate as members of the former ruling party are calling it an attack on the judiciary.
President Dr Arif Alvi, who belongs to the Pakistan Tehreek-i-Insaf (PTI), returned the Supreme Court (Practice and Procedure) Bill 2023, using his powers under Article 75(1) of the Constitution. A handout issued by Presidency said Dr. Alvi returned the bill for reconsideration to the parliament, maintaining that the bill travels beyond the competence of the parliament and can be assailed as colourable legislation.
Dr Alvi maintained that Constitution was founded on the concept of trichotomy of power. The Supreme Court of Pakistan is an independent institution as visualized by the founding fathers. “With such an objective in view, Article 191 was incorporated and the Supreme Court was kept out of the law-making authority of the Parliament”.
Refusing assent, President Alvi returns bill restricting powers of Chief Justice
Prime Minister Shehbaz Sharif criticised Alvi for rejecting the Supreme Court (Practice and Procedure) Bill, 2023, and accused him of being a Pakistan Tehreek-e-Insaf (PTI) supporter.
President Alvi’s actions belittle the office and that he follows the orders of PTI Chairman Imran Khan instead of fulfilling his constitutional duties, Sharif said.
