SC to take up bill clipping CJ’s powers on May 2

Top court stopped enactment of legislation last time even if president gave it his nod

ISLAMABAD:

The Supreme Court will resume hearing on a set of pleas filed against a bill targeting the powers of the top judge to initiate suo motu proceedings or form benches on May 2 (Tuesday).

In its last hearing, the apex court had stopped the enforcement of the Supreme Court (Practice and Procedure) Bill 2023 even if the president gave it his nod.

As per the roster issued on Saturday, the same eight-judge bench will take up the pleas that heard them earlier.

It will comprise CJP Umar Ata Bandial himself, Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Sayyad Mazahar Ali Akbar Naqvi, Justice Muhammad Ali Mazhar, Justice Ayesha Malik, Justice Syed Hasan Azhar Rizvi and Justice Shahid Waheed.

Read more: CJP-led bench for today delisted due to his 'indisposition'

In its previous hearing, the court had ‘pre-emptively' ruled that whether the bill received the president’s assent or it was deemed to have been given, "the act that comes into being shall not have, take or be given any effect (and) not be acted upon in any manner”.

On March 28, parliament passed the bill, aimed at curtailing the unbridled powers of the chief justice. The bill restricts the chief justice’s powers to take suo motu notices as well to constitute benches on his own.

Instead, it stipulates that these powers will be vested in a three-member committee, comprising the chief justice and two-senior most judges.

However, President Arif Alvi returned the bill back to parliament on April 8, without giving his assent. Subsequently, the lawmakers passed the bill again on April 10 and resent it to the president.

As per the country’s law, the president has 10 days to give his assent to the bill. However, even if the president does not give his assent, the bill will automatically become a law and take effect after that period, which in the this case was April 20.

To prevent the bill from taking effect, three petitions were filed in the top court -- separately by Mohammad Shafay Munir, Raja Amir Khan, Chaudhry Ghulam Hussain and others.

The bench had noted that the contentions raised during the hearing of the petitions pointed to “direct interference” with the “independence” of the judiciary.

“We are here concerned with the independence of the judiciary, and in particular this court, in institutional terms and according to the mandate of the Constitution,” the bench's order had read.

As per the roster, other cases will be heard as well. The case in connection with the suo motu notice of the target killings of the Hazara community and the appointment of judges in the Gilgit-Baltistan Supreme Appellate Court will be held on March 3 (Wednesday).

On March 4 (Thursday), the SC will hear Anti-Corruption Punjab Director General Sohail Zafar Chatta's bail application, the abduction and return of the daughters of Dr Mehreen Baloch, the foreign aid received by the earthquake victims of 2005 and the suo motu notice of fake degrees of lawyers and law colleges.

The suo motu notice related to the sale of Sardar Kaure Khan charity land in Muzaffargarh will also be heard on Thursday.

The hearing of the application against the appointment of special assistants to the prime minister will be held on March 5 (Friday).

According to the roster, six benches will hear the cases at the principal seat next week. Bench one will comprise the CJP, Justice Athar Minallah and Justice Ayesha. Bench two will include Justice Sardar Tariq Masood and Justice Mazhar; and bench three will comprise Justice Ahsan and Justice Waheed. Bench four will include Justice Munib Akhtar and Jamal Khan Mandokhail; and bench five will comprise Justice Yahya Afridi and Justice Naqvi. Bench six will include Justice Aminuddin Khan and Justice Rizvi.

The six benches do not include the eight-judge larger bench that will take up the pleas against the Supreme Court (Practice and Procedure) Bill 2023.

However, SC’s Senior Puisne Judge Justice Qazi Faez Isa, who has not heard any case in the last two weeks, has been overlooked for the coming days again.

As per the cause-list, the senior judge will carry on performing chamber work. In the cause-list issued on April 13, Justice Isa was included in bench two along with Justice Waheed.

However as per the roster issued the very next day, Justice Isa was not included in any of the eight benches formed to hear the cases from April 17 to 19. Similarly, he was not included in any bench in the rosters issued on April 26, 27 and 28.

In the latest roster issued for May 2 to 5, Justice Isa has been ignored yet again and confined to just chamber work. This goes on to show that the division among the senior judiciary has further deepened.