Coalition govt rejects SC bench formed to hear pleas against clipping CJP’s powers

ISLAMABAD, April 13 (SABAH): The federal coalition on Thursday rejected the Supreme Court of Pakistan bench hearing petitions against a pending legislation meant to clip the Chief Justice of Pakistan’s (CJP) powers, saying that the apex court’s move to form a “controversial bench” even before the completion of the legislative process was “unprecedented” and “unacceptable”.

In a joint statement, the ruling parties said that “such a move was never seen in the history of Pakistan and the SC”.

The statement issued by the ruling coalition said that the top judge’s move was “tantamount to destroying the credibility of the highest court of the country and making the constitutional process of justice meaningless”.

“This bench itself is a testament to the division of the SC, which once again supports the earlier stated position of the ruling parties.”

The statement recalled that the apex court judges — Justice Qazi Faez Isa and Justice Khan — had in their earlier judgments openly expressed their objection to “one-man show”, biased and dictatorial behaviour, and the formation of special benches.

“With the formation of the eight-member controversial bench, the facts stated in the judgments of these honourable judges have become more clear,” the PDM said in its statement.

It further contended that the legal fraternity too had opposed the apex court’s move to take up the petitions against a proposed law. The coalition government also expressed concern regarding the non-inclusion of judges from smaller provinces i.e. Balochistan and Khyber Pakhtunkhwa (KP).

“The ruling parties consider this move as an attack on the parliament and its authority, which will be strongly resisted. The constitution of the controversial bench in haste and fixing the bill for hearing, apart from the intent and intention, also clearly expresses the decision to come which is sad and tantamount to murder of justice,” the statement said.

It added that every attempt to take away the authority of the parliament and interfere in its constitutional scope would be strongly resisted. “There will be no compromise on the authority of the Parliament in the light of the Constitution of Pakistan,” the statement concluded.

The statement further said the coalition partners vowed to resist attempts to take away parliament’s authority and to interfere in its constitutional scope.

The bill, titled the Supreme Court (Practice and Procedure) Bill 2023, is aimed at depriving the office of the CJP of powers to take suo motu notice in an individual capacity. It was initially passed by both houses of parliament and sent to the president for his assent. However, the president had sent it back, saying that the proposed law travelled “beyond the competence of parliament”.

On Monday, the bill was passed by a joint sitting of parliament with certain amendments, amid a noisy protest from PTI lawmakers.

In addition to CJP Umar Ata Bandial, the bench hearing the plea against the bill comprises Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Sayyed Mazahar Ali Akbar Naqvi, Justice Mohammad Ali Mazhar, Justice Ayesha A. Malik, Justice Syed Hasan Azhar Rizvi and Justice Shahid Waheed.

Notably missing from the bench are Justices Qazi Faez Isa and Sardar Tariq Masood, the senior-most judges after the chief justice. Justice Isa, along with Justice Aminuddin Khan had earlier ruled that the CJP did not have the power to form special benches or decide its members. The order was later recalled in a brisk hearing by a six-member larger bench. Justice Isa, in a judicial note, later said that the bench did not “constitute a constitutional court”.