ISLAMABAD: An eight-member bench of the Supreme Court will hear petitions against the Supreme Court (Practice and Procedure) Act, 2023 on Thursday (June 1).
The bench is headed by the chief justice and comprises Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Sayyed Mazahar Ali Akbar Naqvi, Justice Muhammad Ali Mazhar, Justice Ayesha A Malik, Justice Syed Hassan Azhar Rizvi, and Justice Shahid Waheed.
Senior journalists, Chaudhry Ghulam Hussain and Sami Ullah Abraham, and the advocates, Raja Amer Khan, Malik Amir Abdullah and Muhammad Shafay Munir have filed petitions before the Supreme Court under Article 184(3) of the Constitution praying to set aside the bill 2023.
The court has already issued notices to the attorney general for Pakistan, Vice-chairman Pakistan Bar Council, President Supreme Court Bar Association, Pakistan Muslim League-Nawaz (PML-N), Pakistan Peoples Party Parliamentarians, Pakistan Tehreek-e-Insaf, Jamiat Ulema-e-Islam, Jamaat-e-Islami, Awami National Party, Muttahida Qaumi Movement, Balochistan Awami Party, and Pakistan Muslim League (Q).
8-member bench to hear pleas against SC bill
In the last hearing, Attorney General for Pakistan Usman Mansoor Awan, representing the Federation, and Barrister Salahuddin Ahmed, appearing on behalf of the PML-N urged the apex court to constitute a full court for hearing the petitions against the Act.
The bench on April 13 had declared; “The moment the bill, 2023 receives the assent of the president or it is deemed that such assent has been given, then from that very moment onwards and till further orders, the Act that comes into being shall not have, take or be given any effect nor be acted upon in any manner.” The bill had become law on April 21, 2023.
The chief justice had directed the Attorney General for Pakistan to provide the material of the Parliament regarding the passage of the Act.
Justice Ijaz remarked that the moot question is the legislative competence. Whether the Parliament can pass a law to regulate the chief justice’s power? Justice Mazahar Naqvi asked is there any precedence that the Parliament has passed such a law in the past.
Justice Ayesha Malik asked the AGP why you (the government) wanted that all the judges of the Court hear the matter. She remarked why not leave it to the Court whether it should be heard by a Full Court, seven-member bench or three-member bench. She said when every case is important, then how the line be drawn such and such case should be heard a full court, or so and so number of judges’ bench.
Copyright Business Recorder, 2023
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