Law making prerogative of only parliament: NA

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House passes resolution seeking dissolution of 8-member SC bench on judicial reforms bill n Sees with greater concern apex court’s interference in parliament’s authority.

ISLAMABAD    -    The National Assembly on Thursday passed a resolution rejecting the eight-member bench of the Supreme Court con­stituted by Chief Jus­tice Umer Ata Bandial to hear the petition chal­lenging the Supreme Court (Practice and Pro­cedure) Bill 2023 passed by the parliament to clip the powers of the coun­try’s top judge on suo motu and court benches formation.

The bill has twice passed from the parlia­ment, however, it was rejected by the Presi­dent raising some ob­jections on its contents.

The resolution, moved by Aga Rafiullah, condemned the fixing of case hearing in haste stressing that the bill has yet not been made into law. Therefore, the formation of the apex court bench is unneces­sary and it should be dis­solved. The resolution noted that non-inclusion of two judg­es from Balochistan and Khyber Pakhtunkhwa itself shows the partiality of the bench. The resolution stated that according to the Constitution, it is only the prerogative of the parliament to legislate and that the house sees with greater concern the inter­ference of the court in the parlia­ment’s authority. The resolution said that the recent controver­sial decisions of the court have not only created a constitutional crisis but are also giving an im­pression of partiality.

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The House also rejected a mo­tion to consider the Charged Sums for General Election of Pro­vincial Assemblies of Punjab and Khyber Pakhtunkhwa Bill, 2023.

Minister for Law Azam Nazeer Tarar said in the house that an overwhelming majority has re­jected the motion and this bill shall be treated as rejected and there is no need of its clause by clause reading. He pointed out that the Standing Committee on Finance has also opposed the pas­sage of the bill. Meanwhile, the coalition government also called upon Chief Justice of Pakistan Umar Ata Bandial to constitute a full-court bench to hear pleas against the ‘Supreme Court (Prac­tice and Procedure) Bill, 2023’. 

Speaking at a news conference, Federal Minister for Law and Jus­tice Senator Azam Nazeer Tarar, Adviser to Prime Minister on Kashmir Affairs and Gilgit Baltis­tan Qamar Zaman Kaira, Kamran Murtaza of the JUI, ANP leader Mian Iftikhar Hussain, MQM-Pa­kistan (MQM-P) Syed Aminul Haque, Senator Tahir Bizenjo of BNP emphasized that a collective wisdom approach is essential for the decision-making process. 

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The law minister urged the chief justice to dissolve the larger bench as the coalition parties, bar councils from across the country and legal fraternity had repeat­edly asked the latter to form a full court bench to hear the case.

He termed the current situation alarming and said that a “selec­tive bench has been formed”. He said the two senior judges of the apex court had not been included in the bench. “There is lack of rep­resentation from Khyber Pakh­tunkhwa and Balochistan among the judges on the bench,” he add­ed. The minister was of the view that a conflict of interest exist­ed as the case involved the ques­tion of the chief justice using his own powers in taking suo motu notices and constituting bench­es. He claimed that all the rules of the apex court prohibited the chief justice from leading the bench. All provincial bar councils had unanimously expressed their disagreement with the current bench, he added. 

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The minister said that all the coalition partners agreed that it was not the right time to take up pleas against the bill as it had not yet been legislated. Speak­ing on this occasion, PPP leader and Advisor to Prime Minister on Kashmir and Gilgit Baltistan Qamar Zaman Kaira that nobody could prevent the parliament from using its authority and the incumbent government would not compromise or accept it.

“Do you want to prevent the Parliament from using its author­ity? We will not accept it,” Kai­ra asserted. He said that the rifts among institutions were leading the country towards a bad situ­ation. “We only want the bench­es to be constituted in a balanced and proper manner,” he added.

Senator Kamran Murtaza of JUI-F said that the inclusion of junior judges in the bench was also not appropriate which would harm the sanctity and prestige of the Supreme Court.

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He said there should be some criteria for the fixation of the cases. Mian Iftikhar Hussain of ANP said a well-organized cam­paign was underway against the Parliament. He said the objec­tive of Supreme Court Practice and Procedure Bill, 2023 was to ensure balance in the power of the judges.


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