On Thursday, the Senate approved the Supreme Court (Practice and Procedure) Bill, 2023. This will restrict the top justice of Pakistan’s discretionary authority to taking suo motu notice.
Following National Assembly approval the previous day, the bill was advanced in the Senate today. The bill had support from at least 60 senators, but 19 abstained.
Before the bill’s final vote, a motion to refer it to the Senate Standing Committee on Law and Justice for additional discussion was made, but it was defeated. After that, a majority of parliamentarians approved the bill’s immediate approval.
Law Minister Azam Nazir Tarar explained the proposed law’s provisions for the right to appeal in suo motu cases and the ability to pick a different attorney in appeals after the measure was introduced in the Senate.
The opposition leader, Dr. Shahzad Waseem, criticized the legislation, claiming that the government is unable to guarantee a smooth distribution of wheat and that it is preparing to establish guidelines for the Supreme Court.
Making rules for the Supreme Court, according to Dr. Waseem, is an indirect attack on the judiciary because you’re trying to split up the Supreme Court, he added, noting that the bill did not mention the right of appeal beforehand and that the right to appeal was later extended to earlier cases in the standing committee.
The senator from Pakistan Tehreek-e-Insaf (PTI) urged a vote on the measure and stated, “Send the bill to the committee and let it present its revisions.”
The PTI senators hold a protest in the upper chamber during the opposition leader’s address.
Senator Ali Zafar of the PTI raised two issues with the measure when he was given the opportunity to speak.
Under 184/3, only constitutional amendments are permitted. If you enact laws this manner then it will be struck down within 15 days,” said the senator. He continued by saying that the Constitution is the only way to grant appeal rights.
Zafar says the Senate committee sent a constitutional amendment granting the right to appeal. The Supreme Court will have to hear thousands of cases anew, he cautioned, if old cases are opened.
“There is also division among lawyers on this issue. Such adjustments cannot be made without revising the Constitution,” stated Zafar. Several of the changes proposed by the law, he continued, are illegal.
The senator also took issue with the timing of the bill given that a Supreme Court election suo motu was going on at the time.
