Senate approves SC bill amid protest

Top judge will be barred from suo motu notice in an individual capacity

ISLAMABAD:

The Senate on Thursday passed the Supreme Court (Practice and Procedure), Bill 2023 – aimed at curbing the top judge’s suo motu powers in an individual capacity amid protest by the opposition.

Sixty votes were cast in favour of the bill and 19 against it. Law Minister Azam Nazeer Tarar submitted a motion in the house to present the bill in the house, which met under the chairmanship of Sadiq Sanjrani.

The opposition’s motion to handover the bill to the standing committee was rejected whereas a motion to pass it immediately was approved.

Speaking in the house, Law Minister Azam Nazeer Tarar -- who had moved the bill -- said that there were different attitudes towards running the institution.

"Under Article 191 of the Constitution, the parliament can amend the Constitution and the Constitution says not to interfere unnecessarily with each other's boundaries," he noted.

The law minister said that now “all supreme court judges are equal”. Observing that it was a long-standing demand, Tarar said, "the voice came from the Supreme Court that an individual should not have the sole authority of the apex court".

Moreover, the Lawyers Welfare and Protection Bill 2023 was also passed by a majority vote and the session was adjourned till 10:30am Friday (today).

PTI senators oppose bill

Senators of the PTI opposed the Supreme Court Practice and Procedure Bill 2023 and stood on their seats in protest.

The PTI senators raised slogans of "attack on judiciary is unacceptable" and surrounded the dais of the chairman. Moreover, a scuffle broke out between Senator Faisal Javed and Senator Bahramand Tangi.

Opposition senators from ex-Fata and Balochistan Awami Party also cast their votes in favour of the bill.

Opposition Leader in the Senate Shahzad Waseem of the PTI said that the scales of justice did not remain balanced after the passage of the bill.

Expressing his views in the Senate before voting, Tarar stressed that the system should be strengthened instead of empowering an individual.

He said a five-bench will be constituted where the interpretation of Constitution is required.

On Wednesday, the National Assembly had unanimously passed the bill that a committee comprising three senior-most judges of the apex court would decide on the suo motu notice, while there would be a right to file an appeal within 30 days on the suo motu decision.

The appeal has to be fixed for hearing within 14 days of filing and after the taking of a suo motu notice, the hearing will be conducted by a three-judge bench, the bill added.

It continued that the decision of the majority in the matter would be acceptable to all.

After the passage of the law, no decision of the apex court or high court, or any other legislation would be able to affect it.

Under the additional amendments, the right of appeal would be available in pending cases, while the bench formed on constitutional as well as legal matters would comprise at least five judges.

On March 28, the federal government had not only ruled that the chief justice of Pakistan (CJP) can no longer constitute benches and initiate suo motu proceedings alone but had tabled the same bill curtailing unbridled powers of the top judge in the National Assembly for approval.

Things started unfolding quickly earlier this week as Prime Minister Shehbaz Sharif first addressed the National Assembly session, then the federal cabinet gave approval for the proposed bill – and finally the bill was tabled in lower house in the presence of the premier, who came back to attend the session after he chaired the cabinet meeting.