ISLAMABAD (HRNW) – In a latest episode of institutions’ tussle, a petition was filed in the apex court on Tuesday against the recently passed bill that curtailed the powers of the chief justice of Pakistan.
The petition was filed by advocate Mohammad Shafay Munir mentioning that the bill should be called ‘unconstitutional and illegal’. Also, the federal government was made a party in the plea.
It was highlighted in the filed petition that the only the top court of the country has the powers to amend its rules. It was clearly stated,” the changes made by the parliament in the Supreme Court’s Rules are illegal.”
Also, the plea called the legislation “malicious” adding that the Supreme Court’s powers cannot be restrained through an Act of Parliament under Article 70.
Meanwhile, a petition was also field in the Islamabad High Court by lawyer Saeed Aftab in which it was requested to call the legislation curbing the CJP’s powers unlawful.
It was mentioned in the plea that the government argued about the right to appeal against the verdict. The plea added that this right could be ensured while also not reducing the powers of the chief justice.
Earlier, a joint session of the parliament on Monday once again passed the Supreme Court (Practice and Procedure) Bill 2023 amid the opposition’s uproar.
The bill, tabled by federal law minister Azam Nazir Tarar, would be sent to President Dr Arif Alvi again for assent as he had, earlier, returned the bill unsigned to the parliament.
The minister said the opposition showed ignorance over the matter adding that the president left a negative comment on the parliament’s prerogative to legislate. “Mr Alvi should have avoided this,” he added.
Mr Tarar went on to say that the law was enacted to neutralise the effect of the “one man show” adding that all powers were vested in two judges of the SC. “If an amendment has been proposed, it must be taken into consideration,” he added. We wanted transparency, he said, in the judicial system.
He said Senator Mushtaq Ahmad did a fiery speech adding that he opposed the amendments proposed by Mr Ahmad.
PML-N’s Shiza Fatima proposed an amendment to the bill which, upon approval by the parliament, would be followed by a meeting of the judges’ committee. CJP Bandial or any member of the judges’ committee could summon the meeting until regulations were made.