Senate approves bill to curtail powers of chief justice

The Senate on Thursday approved the Supreme Court (Practice and Procedure) Bill 2023 aimed at curtailing powers of the chief justice of Pakistan, including revoking the power to take suo moto notice in an individual capacity.

Following its approval from the federal cabinet on March 28, the bill was passed by the National Assembly (NA) after inclusion of a few amendments suggested by the NA Standing Committee on Law and Justice.

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Speaking at the Senate, Law Minister Azam Nazir Tarar said, “the law never stands still. There is a need to keep a margin for changes in it so that it can function according to the needs of the people in the present age”.

“A new trend was seen in the Supreme Court in the past two decades under which it became dependent on an individual.”

Criticising the excessive use of Article 184(3) of the Constitution, he said “executives were made to stand on the rostrum repeatedly. Suo motu notices were taken on so many matters that even cleanliness of streets was brought up.”

According to him, persistent suo moto notices dented Pakistan’s finances.

There were demands in Senate sessions to “solve the issue”, he said. He also highlighted that two amendments had been suggested on Wednesday by the standing committee.

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Tarar said that there had arisen an opinion from within the Supreme Court that the power to constitute benches should not lie under one person only.

“Only collective thinking takes institutions forward. If you want to strengthen institutions, then strengthen the system instead of the personalities so that the institution can deliver,” he asserted.

The federal cabinet had approved the bill seeking the said amendment on Tuesday.

On Wednesday, the NA passed the bill after the Pakistan People’s Party (PPP) withdrew its proposed amendments.

The Pakistan Tehreek-e-Insaf (PTI) condemned the move with senior party leader Fawad Chaudhry saying the government made a “stealthy amendment” to provide relief to Nawaz Sharif in his disqualification case.

“They again proved how big a fraud they are. Nawaz Sharif was disqualified under Article 184(3); how can you amend it by common law?”

He asked the PML-N supremo to come to Pakistan and face trial and “stop seeking back doors entries to national politics.”