The larger bench of the apex court is hearing petitions challenging a bill that seeks to clip the top judge's powers.
Led by CJ Bandial, the bench comprises Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Sayyad Mazahar Ali Akbar Naqvi, Justice Muhammad Ali Mazhar, Justice Ayesha Malik, Justice Syed Hasan Azhar Rizvi and Justice Shahid Waheed, which will hear the CJ powers case.
On April 13, the court suspended the parliamentary bill seeking to clip the suo motu powers of the Chief Justice, till a final verdict is issued in this regard.
The order read, “Prima facie the contentions raised disclose that there is a substantial, immediate and direct interference with the independence of the judiciary in the form of multiple intrusions, in the guise of regulating the practice and procedure of this Court and conferring upon it a jurisdiction that appears not to be permissible under any constitutional provision.”
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 the 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, issued on a suo motu case, and suggests that a bench be formed to hear such an appeal within 14 days.