Bar body asks parliament to review SC rules

SCBA president has written a letter to the panel on appointment of judges

ISLAMABAD: The Supreme Court Bar Association (SCBA) has asked parliament to revisit the legal procedures related to the top court’s exercise of jurisdiction in public interest litigation.

Bar association president Ali Zafar has written a letter to the parliamentary committee on judges’ appointment, proposing amendments in the rules of the Supreme Court particularly those related to Article 184(3) of the Constitution.

The article states that without prejudice to the provisions of Article 199, the Supreme Court shall – if it considers a question of public importance with reference to the enforcement of any of the fundamental rights – have the power to make an order.

A copy of the four-page SCBA letter available with The Express Tribune proposes that action under Article 184(3) may be recommended by any apex court bench. But it should only be initiated on order of the chief justice of Pakistan acting with the senior puisne judge, the letter states, adding that this will ensure transparency in the initiation of suo motu cases.

The bar association said the Supreme Court of Pakistan Rules were made in 1980 and required a number of amendments to meet the challenges of the 21st century. Under Article 191, the top court may make rules regulating the practice and procedures of the court which are “subject to the law” passed by parliament.

Raising objections over the recent appointment of two ad hoc judges under Article 182, the SCBA suggested the article should be deleted from the constitution.

“If the issue of backlog and delay of cases has to be addressed, then a better long-term solution is to increase the strength of judges from 17 to 19 or 21 by a simple amendment,” the letter read.

The SCBA believed the Supreme Court took over the role of the final decision-maker for judicial appointments by inter alia holding that the parliamentary committee did not have the jurisdiction to review the decisions of the Judicial Commission. The decision of the parliamentary committee, in any case, is subject to judicial review by the top court, the SCBA contended.

Published in The Express Tribune, December 20^th, 2015.