An eight-member larger bench of the Supreme Court will hear the petitions against the bill seeking to clip the CJP's powers, tomorrow.
As per the court's roster issued on Wednesday, the bench includes CJP Umar Ata Bandial, and Justices Ijaz-ul-Ahsan, Munib Akhtar, Mazahar Naqvi, Muhammad Ali Mazhar, Ayesha Malik, Syed Hasan Azhar Rizvi, and Shahid Waheed.
The respondents include the government through the secretaries of law, Senate, and National Assembly.
On April 8, President Arif Alvi returned the bill, titled Supreme Court (Practice and Procedure) Bill, 2023 to the Parliament for reconsideration, in accordance with the provisions of Article 75(2) of the Constitution of Pakistan.
It was adopted by the Senate on March 30, after being adopted by the National Assembly and approved by the Cabinet.
The legislation
The bill, a copy of which is available with The Friday Times, suggests that, “every cause, appeal or matter before the Supreme Court shall be heard and disposed of by a bench constituted by the Committee comprising the Chief Justice of Pakistan and two senior most judges, in order of seniority.”
According to the draft legislation, any matter invoking exercise of original jurisdiction under Article 184 (3) shall be first placed before the committee of three senior-most judges.
“If the Committee is of the view that a question of public importance with reference to enforcement of any of the fundamental rights conferred by Chapter I of Part II of the Constitution is involved, it shall constitute a bench comprising not less than three judges of the Supreme Court of Pakistan which may also include the members of the Committee, for adjudication of the matter,” it says.
The legislation also calls for appeals within 30 days of a verdict, which is issued on a suo motu case and suggests that a bench be formed to hear such an appeal within 14 days.
As per the court's roster issued on Wednesday, the bench includes CJP Umar Ata Bandial, and Justices Ijaz-ul-Ahsan, Munib Akhtar, Mazahar Naqvi, Muhammad Ali Mazhar, Ayesha Malik, Syed Hasan Azhar Rizvi, and Shahid Waheed.
The respondents include the government through the secretaries of law, Senate, and National Assembly.
On April 8, President Arif Alvi returned the bill, titled Supreme Court (Practice and Procedure) Bill, 2023 to the Parliament for reconsideration, in accordance with the provisions of Article 75(2) of the Constitution of Pakistan.
It was adopted by the Senate on March 30, after being adopted by the National Assembly and approved by the Cabinet.
The legislation
The bill, a copy of which is available with The Friday Times, suggests that, “every cause, appeal or matter before the Supreme Court shall be heard and disposed of by a bench constituted by the Committee comprising the Chief Justice of Pakistan and two senior most judges, in order of seniority.”
According to the draft legislation, any matter invoking exercise of original jurisdiction under Article 184 (3) shall be first placed before the committee of three senior-most judges.
“If the Committee is of the view that a question of public importance with reference to enforcement of any of the fundamental rights conferred by Chapter I of Part II of the Constitution is involved, it shall constitute a bench comprising not less than three judges of the Supreme Court of Pakistan which may also include the members of the Committee, for adjudication of the matter,” it says.
The legislation also calls for appeals within 30 days of a verdict, which is issued on a suo motu case and suggests that a bench be formed to hear such an appeal within 14 days.