ISLAMABAD – The National Assembly on Friday announced that the Supreme Court (Practice and Procedure) Bill 2023, which seeks to limit the powers of the chief justice of Pakistan, has been enacted into law.
The bill’s implementation was halted by an eight-member bench of the Supreme Court, led by Chief Justice Umar Ata Bandial. Despite President Alvi returning the bill to Parliament as soon as it was passed by both houses, 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 was passed by a joint session of Parliament within 10 days.
The Act
The Supreme Court (Practice and Procedure) Act, 2023 establishes a three-member committee consisting of senior judges, including the chief justice, with the power to take suo motu notice. The act aims to ensure transparent proceedings in the apex court and includes the right to appeal. The formation of benches is also addressed, with the committee comprising the CJP and the two senior-most judges responsible for constituting every cause, matter or appeal before the court to be heard and disposed of by a bench, with decisions taken by a majority.
Matters invoking the use of Article 184(3) would first be placed before the committee for review of their public importance with reference to the enforcement of fundamental rights. For the interpretation of the Constitution, a bench comprising no less than five apex court judges would be established. Appeals against any verdict under Article 184(3) would have to be filed within 30 days of the bench’s order for a larger SC bench and would be heard within 14 days.
The act extends this right of appeal retrospectively to those aggrieved persons who were subject to an order under Article 184(3) prior to the act’s commencement. The act also grants parties the right to appoint their counsel of choice and sets a timeframe of 14 days for hearing applications pleading urgency or seeking interim relief. The act’s provisions would take effect despite anything contained in any other law, rules, or regulations, or court judgements, including those of the SC and high courts.
