Bill to increase apex court strength sparks Senate protest
Amid judicial politics and a growing rift in the apex court, the upper house of parliament has referred a private member's bill to one of its committees. The bill seeks to increase the number of judges in the Supreme Court from 17 to 21.
The timing of the bill is significant, as the government has challenged a majority order from the Supreme Court's 13-member full bench. On July 12, this bench revived the PTI as a parliamentary party and paved the way for it to reclaim reserved seats in the national and provincial legislatures. The majority order was endorsed by eight Supreme Court judges, while five members, including Chief Justice of Pakistan Qazi Faez Isa, wrote dissenting notes.
If more "like-minded" judges are appointed to the Supreme Court following an amendment, and the government's review petition is heard by an "enlarged" full court, the tables could be turned on the PTI, which otherwise would become the largest party in parliament.
Against this backdrop, independent lawmaker Senator Abdul Qadir presented the bill in the Senate on Monday. The proposal suggests raising the number of judges, excluding the chief justice, to 20.
According to Qadir, thousands of cases are stuck in the Supreme Court, which lacks the capacity to address them. He noted that the judicial system is overloaded from the bottom up.
"Currently, over 53,000 cases are pending in the Supreme Court, and it takes two years for a case to be heard. Therefore, increasing the number of judges is crucial. The number of judges is insufficient, and the population is growing," he said.
The opposition, however, greeted the bill with protests and chants.
Law Minister Azam Nazeer Tarar stated that the government has no stance on the matter but acknowledged the backlog of cases due to the judges' growing workload. He said life sentences cannot exceed 25 years, yet one person had spent 34 years in prison due to delays in appeals. Death penalty appeals have been pending since 2015.
Tarar suggested referring the matter to a committee but noted that the opposition was protesting without reading the draft bill. He mentioned a request from Khyber Pakhtunkhwa for ten additional judges for the Peshawar High Court, stating that the PTI is in power in the province.
PTI Senator Ali Zafar stated that if the government introduces reforms in the judicial system, they will support it. He said similar practices were used in Africa to increase the number of favored judges. Zafar questioned the specific reasons for increasing the number of judges, claiming that he had exposed a "judicial coup". He said such practices would not be allowed.
PTI's Saifullah Abro said there seems to be no background for suddenly increasing the number of judges. He said the PTI is seeking reserved seats, which might be the reason for these measures.
He urged the government to first respect Supreme Court decisions, asking as to how increasing the number of judges would honor the judiciary. He proposed increasing the number of judges in lower courts first and implementing decisions related to reserved seats before expanding the Supreme Court.
ANP Senator Aimal Wali Khan stated that the entire nation is aware of who needs additional judges. He criticized the SC for only addressing cases that receive media coverage, neglecting public issues. He suggested increasing the number of judges not in the SC, but in lower courts and high courts.
In response, the law minister said that legislation to increase the number of judges in subordinate courts would also be pursued, with a bill to be presented soon. The Senate later referred the bill to the relevant committee.
Public Order Bill
During the session, PML-N Senator Irfan Siddiqui presented the Public Assembly and Public Order Bill, 2024. Senator Shibli Faraz criticized the government for proposing more restrictions on the right to peaceful assembly, claiming that the bill was aimed at stopping PTI rallies. Senator Irfan Siddiqui said PTI members should read the bill, as it also benefits them.
Senator Humayun Mohmand argued that peaceful protest is a right for all political parties and warned that such bills could be made more restrictive in the future, weakening parliament and its integrity. Senator Zeeshan Khanzada criticized the bill for potentially giving the government excessive control over which parties can hold rallies.
Federal Law Minister Tarar said the government would not allow disruptions to citizens' lives under the guise of assemblies. He referred to the May 9, 2022, incidents of vandalism blamed on the PTI and suggested that rallies could be held outside a city. Senator Shibli Faraz warned that such laws could backfire on the government.
Senator Siddiqui clarified that containers on Islamabad's roads were not intended for the PTI, adding that the bill was meant to address broader issues. The Senate later referred the bill to the relevant committee.