ISLAMABAD - The Supreme Court on Tuesday rejected the request to form a full court bench for hearing the 'Supreme Court Practice and Procedure Bill 2023' and to separate Justice Sayyed Mazahar Ali Akbar Naqvi from the bench.
An eight-member larger SC bench headed by Chief Justice of Pakistan Umar Ata Bandial and comprising Justice Ijaz Ul Ahsan, Justice Munib Akhtar, Justice Sayyad Mazahar Ali Akbar Naqvi, Justice Muhammad Ali Mazhar, Justice Ayesha A Malik, Justice Syed Hasan Azhar Rizvi and Justice Shahid Waheed heard the case. During the course of proceedings, Pakistan Tehreek-e-Insaf (PTI) lawyer Tariq Rahim said the Judicial Reforms Bill had become part of the law. The CJP said the previous order issued by the court was of an interim nature. Democracy was a key component of the country’s Constitution, while a free judiciary and federation were also important features.
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He said independence of the judiciary was a fundamental right and the case at hand was unique regarding the independence of the judiciary. The court expected serious arguments from the parties in the case as the law in question was the first of its kind in Pakistan. The law concerned the third pillar of the state. He said an independent judiciary was a main feature of the Constitution. Meanwhile, the Supreme Court asked political parties and lawyers’ organisations to submit written arguments by May 8. Parliament’s power of legislation can’t be taken by anyone else: Marriyum Federal Minister for Information and Broadcasting Marriyum Aurangzeb on Tuesday said that a transparent and fair system has been introduced by the recent legislation by the Parliament amending Article 184 (3).
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“The Parliament will go to any extent to protect its constitutional powers”, the minister said in a statement The Parliament has the right to fully protect and defend its constitutional rights, she said adding no one could take away the constitutional power of Parliament for legislation. She said that the judiciary’s authority was to interpret the Constitution and laws but it had no power to rewrite the Constitution or impose restrictions on legislative power of the Parliament. The Parliament passed a law on the long-standing demand of the lawyers’ fraternity, bar councils and bar associations, she maintained. The minister said that the legislation relating to Article 184-3 does not curtail the powers, independence and autonomy of the judiciary. By this legislation, ‘One-Man-Show’ and ‘Imperial court-like’ objections were addressed.
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The three senior-most judges of the Supreme Court will exercise this power in consultation, she said.