The federal government wants to “secure” the Supreme Court (Practice and Procedure) Act, 2023. That is why Attorney General for Pakistan (AGP) Mansoor Awan on Thursday requested the apex court to adjourn hearing of petitions filed against the piece of legislation that seeks to regularize the chief justice of Pakistan’s (CJP) discretionary powers to form benches and fix cases.
The AGP told an eight-member bench that some provisions of the Supreme Court (Practice and Procedure) Act, 2023 and the Supreme Court (Review of Judgements & Orders) Act, 2023 are overlapping and there is need to harmonize them.
Some senior lawyers believe that drafts of both the laws were framed in haste and therefore there are some lacunas in both the laws. A member of the federal cabinet also admitted that the government wants to “secure” the legislation, regularizing the CJP's discretionary powers.
He said although the law related to widening the scope of review— the Supreme Court (Review of Judgements & Orders) Act, 2023—is in the field, it does not serve the purpose.
“Under this law, only a larger bench will be formed to hear a review and there is no restriction on the members of the original bench to hear the review petition against a judgment, given in exercise of jurisdiction under Article 184 (3) of Constitution.
“On the other hand, the SC (Practice and Procedure) Act, 2023 provides right of appeal against judgments given under Article 184 (3) of Constitution. These appeals will also be listed before a different bench,” he added.
He said both former prime minister Nawaz Sharif and Pakistan Tehreek-e-Insaf (PTI) former secretary general Jahangir Tareen could not file a review against their disqualification for life as lawmakers under Article 62 (1) (f).
The cabinet member said the government will have no issue if the court keeps the law suspended till retirement of CJP Bandial. Justice Bandial is retiring in the month of September while summer vacations of judges are going to start from June 12.
Since enactment of this law, the incoming CJP, Justice Qazi Faez Isa has not sat in any bench.
The cabinet member said some elements in the government believe that they should adopt a more aggressive attitude toward the judiciary. “Some judges are also hardliners,” he added.
“We still have the greatest respect for CJP Bandial but unfortunately, he could not maintain a balance and has been including only one section of judges in benches hearing high profile political cases.”
The division within the SC has further widened in the last couple of months. There is a complete mistrust between CJP Bandial and the present government. The establishment is fully backing the latter.”
A government functionary said SC’s senior puisne judge Qazi Faez Isa is becoming untouchable with the passage of time. “Whoever tries to hatch any conspiracy against the incoming CJP would face dreadful consequences,” he said.
He said there are reports that back channel negotiations are under way between judiciary and the government. CJP Bandial's main concern is that the government should write him a letter for nomination of the members of an inquiry commission probing some leaked audios.
The government is not ready to form a commission minus Justice Isa. It does not want to take any step which could annoy Justice Isa who is heading the inquiry commission right now.
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