The Supreme Court (SC) on Monday directed Attorney-General of Pakistan (AGP) Mansoor Usman Awan to submit the record of National Assembly proceedings on the SC bill by tomorrow, Aaj News reported.
The court resumed hearing on a set of petitions against a newly enacted law aimed at limiting the powers of the Chief Justice of Pakistan (CJP).
The eight-member larger bench led by CJP Umar Ata Bandial, comprised Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Mazahar Ali Akbar Naqvi, Justice Muhammad Ali Mazhar, Justice Ayesha Malik, Justice Syed Hasan Azhar Rizvi, and Justice Shahid Waheed.
During today’s hearing, Attorney-General of Pakistan (AGP) Mansoor Usman Awan informed the court that a plea had been filed for the formation of a full court to hear the case.
The top judge remarked that the court had to decide for the future, the circumstances in which the bench can order the constitution of a full court.
Justice Ahsan replied that the request had not been scheduled for a hearing yet. The judge then inquired whether the AGP had provided the documents that the court had requested during the previous hearing.
The bill, titled the Supreme Court (Practice and Procedure) Bill 2023, was passed by the National Assembly on April 21 and sent to the President for assent amid a standoff between the government and the judiciary over elections in Punjab and Khyber Pakhtunkhwa.
SC has suo motu power, not just CJP, says Justice Isa
But the president had returned the bill to the parliament for reconsideration.
According to the law, the CJP can no longer take suo moto notice in an individual capacity. Rather he and two senior judges need to make the decision together.
On April 13, the top court barred the government from enforcing the draft law, saying the move would “prevent the imminent apprehended danger that is irreparable”.
During the previous hearing on May 2, the CJP had said that political parties wanted to “pick and choose” the Supreme Court bench for “desired judgments”.
He said that parties wanted decisions that worked in their favour, not justice.
Political parties want to ‘pick and choose’ SC benches: CJP
“A demand for constituting a full court had also been put forth during the hearing of the case concerning holding elections in the country,” he said.
Democracy is a key component of Pakistan’s constitution, he added.
“A free judiciary and government are important features of the Constitution,” he said.