SC bill relates to independence of judiciary: CJP

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2023-05-03T06:08:37+05:00 Our Staff Reporter

ISLAMABAD    -    The Supreme Court on Tuesday rejected the request to form a full court bench for hear­ing the 'Supreme Court Practice and Procedure Bill 2023' and to sep­arate Justice Sayyed Mazahar Ali Akbar Naqvi from the bench.

An eight-member larger SC bench headed by Chief Justice of Paki­stan Umar Ata Bandial and comprising Justice Ijaz Ul Ahsan, Justice Munib Akhtar, Justice Sayyad Mazahar Ali Ak­bar Naqvi, Justice Mu­hammad Ali Mazhar, Justice Ayesha A Ma­lik, Justice Syed Hasan Azhar Rizvi and Justice Shahid Waheed heard the case.

During the course of proceedings, Pakistan Tehreek-e-Insaf (PTI) lawyer Tariq Rahim said the Judi­cial Reforms Bill had become part of the law. The CJP said the previ­ous order issued by the court was of an interim nature. Democracy was a key component of the coun­try’s Constitution, while a free judi­ciary and federation were also im­portant features. 

He said independence of the judi­ciary was a fundamental right and the case at hand was unique re­garding the independence of the judiciary. The court expected seri­ous arguments from the parties in the case as the law in question was the first of its kind in Pakistan. The law concerned the third pillar of the state.

He said an independent judicia­ry was a main feature of the Con­stitution. Meanwhile, the Supreme Court asked political parties and lawyers’ organisations to submit written arguments by May 8.

Parliament’s power of legislation can’t be taken by anyone else: Mar­riyum

Federal Minister for Informa­tion and Broadcasting Marriyum Aurangzeb on Tuesday said that a transparent and fair system has been introduced by the recent leg­islation by the Parliament amend­ing Article 184 (3). 

“The Parliament will go to any extent to protect its constitution­al powers”, the minister said in a statement 

The Parliament has the right to fully protect and defend its consti­tutional rights, she said adding no one could take away the constitu­tional power of Parliament for leg­islation.

She said that the judiciary’s au­thority was to interpret the Consti­tution and laws but it had no pow­er to rewrite the Constitution or impose restrictions on legislative power of the Parliament. 

The Parliament passed a law on the long-standing demand of the lawyers’ fraternity, bar councils and bar associations, she main­tained. The minister said that the legislation relating to Article 184-3 does not curtail the powers, inde­pendence and autonomy of the ju­diciary.

By this legislation, ‘One-Man-Show’ and ‘Imperial court-like’ ob­jections were addressed. 

The three senior-most judges of the Supreme Court will exer­cise this power in consultation, she said.

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