Govt requests top court to dismiss petitions challenging law regulating CJP’s powers

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ISLAMABAD: The Pakistan Democratic Movement (PDM)-led government has submitted its reply to the Supreme Court in a case related to the Practice and Procedure Act, 2023, which seeks to regulate the powers of the Chief Justice by the ruling coalition. Petitions challenging the move are sought to be dismissed. .

Additional Attorney General of Pakistan Aamir Rehman submitted the federal government’s eight-page response to the three-member bench of the Supreme Court hearing petitions against the controversial legislation.

The government in its response maintained that the Supreme Court (Practice and Procedure) Act, 2023 had become an Act of Parliament after it was passed in a joint session last month.

“Urgent request[s are] “Clearly an attempt to prevent the advancement of justice, independence of the judiciary and access of persons aggrieved by any judgment and/or order of this Hon’ble Court passed under Article 184(3),” it added. .

The Pakistan Democratic Movement (PDM)-led coalition government said the petitioners “approached the Supreme Court with unclean hands, hence they are not entitled to any relief from this honorable court as This will unduly undermine public confidence in the independence and impartiality of this honorable court.

Under the new Legislationthe government said that the power to constitute benches, vested in the Chief Justice under the Supreme Court Rules, 1980 (SC Rules), is to exercise a committee comprising the Chief Justice and the next two senior judges. Most judges.”

“The SC Rules itself, and rightly so in view of the mandate of Article 191 of the Constitution, subordinates the power of the Hon’ble Chief Justice to constitution of Benches in accordance with law.”

Therefore, the government said that there is no restriction preventing Parliament from legislating on matters covered by the Act.

The Government’s reply also stated that there is no concept of “Master of Roster” and no statutory backing but the term is generally applied and understood in the context of the provisions of the Act. SC Rules.

It added that the Federation respectfully reserves the right to raise additional grounds regarding the constitutionality of the petitions and urged the Supreme Court to dismiss the petition.

An eight-member larger bench of the Supreme Court, headed by Chief Justice Umar Atta Bandial, comprising Justice Ijaz-ul-Ahsan, Justice Muneeb Akhtar, Justice Syed Mazhar Ali Akbar Naqvi, Justice Muhammad Ali Mazhar, Justice Ayesha A. Malik, Justice Syed Hasan Azhar Rizvi and Justice Ijaz. Al-Ahsan is included. Justice Shahid Waheed is hearing petitions against the controversial bill.

Background

The Supreme Court (Practice and Procedure) Act, 2023, which aims to regulate the powers of the Chief Justice, was passed on April 10 during a joint session of Parliament.

The National Assembly notified the Supreme Court (Practice and Procedure) Bill, 2023 as an Act on April 21.

The same bench hearing the case had stayed the implementation of the bill.

The Supreme Court, during the previous hearing of the case on April 13, had stayed the implementation of the law saying that if the law gets the President’s assent, the bill will not be implemented in any way till further orders.

“The moment the Bill receives the assent of the President or (as the case may be) is deemed to have been given such assent, from that moment and until further orders, the Act shall not be in force. Read the nine-page interim order issued on April 13.

In its order, the bench held that the facts and circumstances presented herein are unusual both in import and effect.