SC adjourns hearing on law to clip CJP’s powers after AGP says govt to review legislation

ISLAMABAD:The Supreme Court on Thursday adjourned the hearing till next week on a set of petitions against the Supreme Court (Practice and Procedure) Act, 2023- aimed at limiting the powers of the Chief Justice of Pakistan (CJP). Attorney General for Pakistan Mansoor Usman Awan apprised the court that the federal government had decided to review the legislation (Supreme Court (Practice and Procedure) Act, 2023) and take into account the judiciary’s advice.

The 8-member larger bench headed 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 the hearing, the CJP said the government should consult with the Supreme Court when it makes laws related to the judiciary.

On April 13, the same bench had suspended the ‘Supreme Court (Practice and Procedure) Act, 2023’ before it was enacted. However, on April 21, the bill did become law even as its implementation had been halted by the court. The law envisages a three-member committee, comprising the CJP and two senior-most judges, which will via majority form benches as well as decide when to take suo motu action- powers that currently reside with the CJP alone.

It also adds to the review jurisdiction of the Supreme Court, giving the right to file an appeal within 30 days of the judgement in suo motu cases.