ISLAMABAD: After President Dr Arif Alvi returned the Supreme Court (Practice and Procedure) Bill 2023 – which aims to deprive the office of the chief justice of Pakistan of powers to take suo motu notice in an individual capacity – the government on Saturday decided to table the bill in joint session scheduled to be held on Monday.
The decision to table the bill in a joint session, according to sources, was taken after President Dr Arif Alvi returned the bill for reconsideration to the parliament as per the provisions of the Article 75 of the constitution.
If the Supreme Court (Practice and Procedure) Bill, 2023, is approved by the joint session of parliament with majority, it will be presented to the president again for his assent. If the president does not give his nod to it within 10 days, the approval is deemed to have been given.
President urged to sign SC Practice and Procedure Act, 2023
The legislation process says, “If the President refers back a bill to Parliament it is considered in a joint session and if passed by majority is deemed to have been passed by both Houses. Sent again to President to give assent in 10 days failing which assent shall be deemed to have been given”.
President Alvi returned the bill for reconsideration to the parliament as per the provisions of the Article 75 of the constitution days after it was sent to him for approval after it sailed through the National Assembly and Senate amid noisy protests by Pakistan Tehreek-e-Insaf (PTI) lawmakers.
The president said that the bill prima-facie travels beyond the competence of the parliament and can be assailed as colourable legislation.
He said that he thought it fit and proper to return the bill, in accordance with the constitution, with the request for reconsideration in order to meet the scrutiny about its validity (if assailed in the Court of Law).
Under the new legislation, the decision for suo motu notice will be taken by three senior judges of the Supreme Court (SC).
Besides, the bill also includes a clause regarding the right to appeal against the decision, which could be filed within 30 days and fixed for a hearing in two weeks.
It added that the party will be allowed to change its lawyer in a suo motu case. Under Article 184, the matter will be presented before a judges committee. The committee will review the case and later form a five-member committee for any kind of constitutional interpretation.
The act will be taken into effect on all verdicts of the high courts and the Supreme Court.
Copyright Business Recorder, 2023
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