Chief Justice of Pakistan (CJP) Umar Ata Bandial has asked the Attorney General of Pakistan to supply the Supreme Court with copies of the parliamentary proceedings relating to the Supreme Court (Practice and Procedure) Bill 2023.
The law seeks to restrict the powers of the chief judge, and the court aims to understand legislators’ concerns.
A larger panel of eight judges from the Supreme Court heard three petitions challenging the recently enacted legislation. The bench was composed of CJP Umar Ata Bandial and Justices Ijazul Ahsan, Munib Akhtar, Mazahar Ali Akbar Naqvi, Muhammad Ali Mazhar, Ayesha Malik, Syed Hassan Azhar Rizvi, and Shahid Waheed.
During the hearing, CJP Bandial defended Justice Naqvi against the Pakistan Bar Council’s request to remove the judge from the larger bench. He stated that if judges were not respected, neither was justice. He further clarified that it was the CJP’s prerogative under the SC Rules of 1980 to form panels.
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Regarding the Supreme Court’s orders to halt the implementation of the Supreme Court measure, Justice Bandial commented that the court orders were “interim” in nature, and democracy was a foundational principle of the country’s Constitution.
CJP Bandial emphasized the importance of a free judiciary, an independent center, and the current case’s potential impact on judicial independence. He added that the Supreme Court expected the parties to present compelling arguments, and the larger bench would provide “excellent assistance.”
Justice Bandial also pointed out that the law was the first in Pakistan and impacted the third pillar of the state. He remarked that an independent judiciary was a central provision of the Constitution and that the legislation was claimed to violate a necessary element for the first time.
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The Supreme Court has requested comprehensive responses from all stakeholders in the case, parliamentary records of the law and standing committee dialogue. The hearing has been postponed until May 8, and the court has denied the AGP’s request to vacate the preliminary injunction based on the law. CJP Bandial asked for an explanation of the law’s nature and purpose.