A bill seeking to curtail the chief justice of Pakistan's (CJP) powers was returned by President Dr Arif Alvi on Wednesday without his signature, saying that the issue is being considered in the courts, Aaj News reported.
“The matter of competency of legislation and validity of the bill is subjudice now before the highest judicial forum of the country. In deference to the same, thereto no further action is desirable,” he said in his reply.
The draft of the bill proposes delegating the chief justice’s powers to take suo motu notices and constitute benches to a three-member committee consisting of the CJP and two senior judges.
One of these amendments is the right to appeal against suo motu verdicts taken up to 30 days before the passing of the Lawyers’ Protection Act. Another is that any case that involves interpreting the Constitution will not have a bench with fewer than five judges.
This is the second time in a row that the bill has been returned about the President's assent.
Earlier, President Alvi returned the Supreme Court (Practice and Procedure) Bill 2023 to the parliament, citing that the proposed legislation was beyond the jurisdiction of the legislative body and susceptible to challenge as a specious enactment.
He also called for its reconsideration to meet scrutiny about its validity.
On March 28, the National Assembly (NA) sent the bill to a committee on law after legislators called for a detailed debate on it.
On March 29, NA passed the bill through a simple majority after the Pakistan People’s Party (PPP) withdrew its proposed amendments.
The federal cabinet also approved the bill. On March 30, the Senate approved the Supreme Court (Practice and Procedure) Bill 2023.
After this, the bill was sent to President Alvi.
Three days after the passing of the bill by the joint parliament session, the top court barred the government from implementing the bill after it becomes law.
“The moment that the bill 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,” read the SC’s interim order.