ISLAMABAD: A day after a joint session of parliament adopted a bill seeking to curtail the powers of the chief justice of Pakistan, lawyers challenged the piece of legislation in the Supre­­me Court and the Islam­abad High Court (IHC) on Tuesday through similar petitions.

The bill, which was earlier passed by both houses last month but was later returned by President Arif Alvi, was approved by the joint session with some amendments on Monday.

The petition in the Supreme Court was filed by Advocate Muhammad Shafay Mu­nir, who challenged the legislation — the Supreme Court (Practice and Proc­e­dure) Bill 2023 — insisting that the plea had been filed to safeguard and secure the Constitution and independence of the judiciary.

In the petition, moved under Article 184(3) of the Constitution, Mr Mun­ir contended that the petitioner believed in the su­­p­remacy of the Constitu­tion, the rule of law, and independence of the judiciary and had always strived and struggled to protect the Constitution, independence of the judiciary and fundamental rights guaranteed under the Constitution.

The respondents named in the petition included the federal government through the secretaries of law, Senate and National Assembly.

A similar petition filed in the IHC contended that the bill had limited the CJP’s jurisdiction, as it made it mandatory for him to consult senior judges while forming benches.

It said that though the legal fraternity demanded the right of appeal against suo motu proceedings, it could have been made without curtailing CJP’s powers.

Both petitions reques­t­­ed the court to declare the Supreme Court (Practice and Procedure) Bill 2023 as illegal and void ab initio.

Published in Dawn, April 12th, 2023

Opinion

Editorial

Under siege
Updated 03 May, 2024

Under siege

Whether through direct censorship, withholding advertising, harassment or violence, the press in Pakistan navigates a hazardous terrain.
Meddlesome ways
03 May, 2024

Meddlesome ways

AFTER this week’s proceedings in the so-called ‘meddling case’, it appears that the majority of judges...
Mass transit mess
03 May, 2024

Mass transit mess

THAT Karachi — one of the world’s largest megacities — does not have a mass transit system worth the name is ...
Punishing evaders
02 May, 2024

Punishing evaders

THE FBR’s decision to block mobile phone connections of more than half a million individuals who did not file...
Engaging Riyadh
Updated 02 May, 2024

Engaging Riyadh

It must be stressed that to pull in maximum foreign investment, a climate of domestic political stability is crucial.
Freedom to question
02 May, 2024

Freedom to question

WITH frequently suspended freedoms, increasing violence and few to speak out for the oppressed, it is unlikely that...