NA passes bill: The Supreme Court (Practice and Procedure) Bill 2023, which seeks to limit the Chief Justice of Pakistan’s suo motu authority, was approved by the National Assembly on Wednesday.
Azam Nazeer Tarar, the federal minister of law and justice, delivered the bill.
The Supreme Court (Practice and Procedure) Bill, 2023 had previously received approval from the National Assembly’s standing committee on law and justice on Wednesday with an amendment.
According to the Law Minister, Article 184 was used arbitrarily. Iftikhar Chaudhry exploited the suo moto powers without limitations, whilst Saqib Nisar went overboard.
According to Tarar, “There was no right to suo moto appeal earlier, which is against fundamental rights and Sharia.” In instances involving law and constitutional issues, a bench will have at least five judges, according to the law minister. He said, “The lawyer could now be changed in suo moto instances, which was not permitted prior.
The bill
According to the new law, three senior Supreme Court judges would decide whether to issue a suo motu notice (SC).
The measure also contains a provision that grants the opportunity to appeal the judgement; this right may be used within 30 days of the decision, after which a hearing will be scheduled for two weeks.
It further said that in a suo motu proceeding, the side shall be permitted to switch attorneys. The issue will be brought up before a judges committee in accordance with Article 184. A five-member committee will be formed after the matter has been reviewed by the committee for any constitutional interpretation.
Any decisions made by the high courts and the Supreme Court will be subject to the act’s provisions (SC).
