The Supreme Court on Monday directed the Attorney General for Pakistan (AGP) Usman Mansoor Awan to submit the record of National Assembly’s proceedings on the judicial reforms by tomorrow.
On the last hearing, Supreme Court (SC) issued notices to the government, AGP, political parties, bar councils, and others to submit their response in the petitions against Supreme Court (Practice and Procedure) Bill 2023.
The bench is headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial and comprises Justice Ijaz ul Ahsan, Justice Munib Akhtar, Justice Sayyed Mazahar Ali Akbar Naqvi, Justice Muhammad Ali Mazhar, Justice Ayesha Malik, Justice Syed Hasan Azhar Rizvi and Justice Shahid Waheed.
At the outset of the hearing, Pakistan Muslim League-Nawaz also forwarded plea for the formation of the full court to hear the matter. Justice Ijazul Ahsan said your plea has not been marked till now.
After being asked by CJP Justice Umar Ata Bandial, AGP Mansoor Awan hoped that the record of the Parliamentary proceedings will be received tomorrow. “We have filed plea for full court to hear the pleas.”
During the hearing, the bench questioned the motives behind the government’s demand of a full court.
The top judge remarked that the court had to decide for future, the circumstances in which the bench can order the constitution of a full court.
“The current issue was not a case of constitutional amendment,” CJP Bandial observed.
He directed the parties to present examples of cases other than presidential references on Justice Faez Isa and Justice Iftikhar Chaudhry, if any.
Earlier, when the AGP started his arguments, CJP Bandial inquired if he had submitted the record of the National Assembly’s proceedings.
Regarding the query, the AGP said that they expected the records to be received by tomorrow (Tuesday). He informed the court that they had contacted the National Assembly Speaker’s office in this regard.
Awan argued that the court had declared that the basic structure of the Constitution was present. The judicial reform law involves the matter of the formation of benches and appeals, he said.
The bill also gives the right to change the lawyer, he added.
He further stated that the matters decided in the bill were of administrative nature and the Supreme Court (Practice and Procedures) Act, 2023, could be amended by a full court.
He said that cases related to the independence of the judiciary and rules should also be heard by a full court.
Moreover, the law will also apply directly to judges who are not hearing the case.
At this, Justice Ahsan remarked that the question was not about the amendments, but whether there were such legislative powers or not.
Meanwhile, Justice Naqvi inquired if there had been any legislation like the bill in question in the past.
At this, the AGP maintained that the president’s permission was required to make the rules until 1973.
On Monday, amid strong protests by Pakistan Tehreek-e-Insaf (PTI) lawmakers, the Joint Sitting of Parliament passed the Supreme Court (Practice and Procedure) Bill 2023, which aims to curtail the suo motu powers of office of the chief justice of Pakistan (CJP).
Minister for Law and Justice Azam Nazeer Tarar moved the Supreme Court (Practice and Procedure) Bill, 2023 which was passed by the Parliament.