ISLAMABAD: The ruling alliance has rejected the eight-member Supreme Court (SC) bench constituted to hear petitions challenging the controversial Supreme Court (Practice and Procedure) Bill 2023 today.
With only a few hours left for the proceedings to start, the coalition government issued a press statement, rejecting the bench and terming the eight-member bench “controversial”. According to the statement, the coalition partners vowed to resist ‘attempts’ to take away parliament’s authority and to interfere in its constitutional scope.
Earlier this week, the Supreme Court (Practice and Procedure) Bill, 2023 was passed by a joint sitting of the parliament after President Alvi earlier returned it with objections. Subsequently, three separate petitions were filed by Chaudhry Ghulam Hussain, Raja Amer Khan and Mohammad Shafay Munir, under Article 184(3) of the constitution, asking the apex court to set aside the fresh legislation.
SC bench
Following the development, Chief Justice Umar Ata Bandial constituted the eight-member bench to hear petitions arguing that the “concept, preparation, endorsement and passing of the Supreme Court (Practice and Procedure) Bill, 2023 is an act tainted with mala-fide”. The eight-member bench will be headed by Chief Justice Umar Ata Bandial and comprises Justice Ijaz ul Ahsan, Justice Muhammad Ali Mazhar, Justice Munib Akhtar, Justice Sayyed Mazahar Ali Akbar Naqvi, Justice Syed Hasan Azhar Rizvi, Justice Ayesha Malik and Justice Shahid Waheed.
Terming the development “unprecedented”, the ruling alliance said that this move is equivalent to sabotaging the credibility of the country’s highest court, making the constitutional process of justice “meaningless”.
“The division in the Supreme Court has reaffirmed the stance of the coalition parties,” the statement read, adding that the ruling alliance considers this as an “attack” on the parliament and its authority.
Press conference
Minutes after the ruling parties issued the statement, Law Minister Azam Nazeer Tarar addressed a press conference along with federal minister Qamar Zaman Kaira and Amin-ul-Haq and other members from the ruling alliance. Tarar reiterated the citizens could challenge the bill once it takes effect, adding that the entire situation is “alarming” as the petitions against the “pre-mature” bill are being heard by a “selective bench”. He said that the bench does not comprise two senior-most judges and those placed on number five, seven, and eight according to the seniority list are not part of the bench.
The law minister said the bench was constituted on a “pick and choose” basis and added that there is a conflict of interest as the bill was passed against the Chief Justice and he himself is leading the bench. He clarified the bill was “pre-mature” because it has not yet become an Act as the president returned the bill without signing it; however, it was fixed for hearing in a haste.
Tarar further said that all the bar councils have unanimously rejected the bench. “Pakistan Bar Council, Balochistan Bar Council, Sindh Bar Council, Punjab Bar Council, Islamabad Capital Territory Bar Council and Khyber-Pakhtunkhwa Bar Council boycotted the eight-member bench constituted to hear the pleas against the pre-mature bill,” Tarar added. He said that the perception that a rift has been created between the parliament and the judiciary is not because of the latter. “The parliament has the right as per the law and constitution to legislate for the interest of the people and to make the institutions strong,” he maintained.
