The Supreme Court (Practise and Procedure) Act, 2023, is something that the federal government wishes to “secure”. Because of this, the Attorney General of Pakistan (AGP), Mansoor Awan, asked the Supreme Court on Thursday to postpone hearing the petitions filed in opposition to the law that aims to formalise the chief justice of Pakistan’s (CJP) discretionary powers to set benches and decide cases.
The Supreme Court (Practise and Procedure) Act of 2023 and the Supreme Court (Review of Judgements & Orders) Act of 2023 have some clauses that overlap and should be harmonised, the AGP informed an eight-member bench. certain experienced solicitors think that both of the statutes’ draughts were rushed and have certain gaps as a result.
The administration aims to “secure” the legislation, which would regularise the CJP’s discretionary powers, a member of the federal cabinet also revealed. The Supreme Court (Review of Judgements & Orders) Act, 2023, which relates to expanding the scope of review, according to him, is in effect, but it is ineffective.
“Under this statute, only a larger bench will be constituted to hear a review, and there is no restriction on the original bench’s members to hear a review petition against a judgement delivered in the exercise of jurisdiction under Article 184 (3) of the Constitution.
The SC (Practise and Procedure) Act of 2023, on the other hand, gives judges the right to review decisions made in accordance with Article 184(3) of the Constitution. Additionally, these appeals will be scheduled before a different bench, he said.
According to him, neither Nawaz Sharif, a former prime minister, nor Jahangir Tareen, a former secretary general of the Pakistan Tehreek-e-Insaf (PTI), could appeal their lifetime bans from the legislature under Article 62 (1) (f).
According to the cabinet member, the administration won’t object if the law is suspended by the court till CJP Bandial retires. Justice Bandial will retire in September, but judges’ summer vacations won’t begin until June 12.
The incoming CJP, Justice Qazi Faez Isa, has not sat in any bench since this statute was passed. According to the cabinet member, some parts of the government think they should be more forceful with the courts. “Some judges are also hardliners,” he continued.
“We still have the utmost respect for CJP Bandial, but he was unable to maintain a balance and has been consisting of only one section of judges in benches hearing high profile political cases,” the statement continued. In the past few months, the SC’s division has grown even further. The current government and CJP Bandial are totally distrusted of one another. The latter has the full support of the establishment.
According to a government official, senior puisne judge Qazi Faez Isa of the SC is become increasingly untouchable over time. Anyone who attempts to plan a plot against the incoming CJP would suffer terrible repercussions, he warned. He claimed that there are rumours that the government and the courts are in secret talks.
The government could write him a letter requesting the nomination of the members of an inquiry commission looking into some leaked audios, as that is CJP Bandial’s principal concern. Without Justice Isa, the government is not prepared to establish a commission. It doesn’t want to do anything that would irritate Justice Isa, who is currently leading the inquiry commission.
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