CJP formed 8 member like minded bench to hear petitions against SC Practice and Procedures Bill 2023

 Chief Justice has proved his majority in the SC but likely to lose further moral authority

The Supreme Court will hear three petitions requesting it to set aside the Supreme Court Practice and Procedure Bill 2023 passed by the joint sitting of the parliament aimed at curtailing the chief justice's powers, including suo motu and bench formations, tomorrow (Thursday).

The bill, which was returned by President Arif Alvi last week, was passed by a Joint Sitting of the parliament on Monday. Later, three separate petitions were filed by Raja Amer Khan, Chaudhry Ghulam Hussain and Mohammad Shafay Munir, among others, under Article 184(3) of the Constitution, challenging the bill and asking the SC to set it aside.

An eight-member bench, headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial, and comprising Justice Ijaz ul Ahsan, Justice Munib Akhtar, Justice Sayyed Mazahar Ali Akbar Naqvi, Justice Muhammad Ali Mazhar, Justice Ayesha Malik, Justice Syed Hasan Azhar Rizvi and Justice Shahid Waheed, will hear the petitions at 11:30am on April 13.

The Supreme Court (Practice and Procedure) Bill, 2023 aims to give the power of taking suo motu notice to a three-member committee comprising senior judges, including the chief justice. It also aims to have transparent proceedings in the apex court and includes the right to appeal.

Regarding the formation of benches, the bill states that every cause, matter or appeal before the apex court would be heard and disposed of by a bench constituted by a committee comprising the CJP and the two senior-most judges. It added that the decisions of the committee would be taken by a majority.

Regarding the apex court's original jurisdiction, the bill said that any matter invoking the use of Article 184(3) would first be placed before the committee.

The bill says that if the committee is of the view that a question of public importance with reference to the 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 SC which may also include the members of the committee, for adjudication of the matter.

On matters where the interpretation of the Constitution is required, the bill said the committee would compose a bench comprising no less than five apex court judges for the task.

Regarding appeals for any verdict by an apex court bench that exercised jurisdiction under Article 184(3), the bill said that the appeal would have to be filed within 30 days of the bench's order for a larger SC bench. It added that the appeal would be fixed for hearing within a period not exceeding 14 days.

It added that this right of appeal would also extend retrospectively to those aggrieved persons against whom an order was made under Article 184(3) prior to the commencement of the SC (Practice and Procedure) Bill, 2023 on the condition that the appeal was filed within 30 days of the act's commencement.

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