ISLAMABAD   -   A controversial bill seeking to increase the strength of the present 17-member Supreme Court to 21 landed in the Senate on Monday, with the opposition Pakistan Tehreek-e-Insaf (PTI) calling the move “a judicial coup.”

On a private member’s day, independent Senator Mohammad Abdul Qadir moved the Supreme Court (Number of Judges) (Amendment) Bill, which calls for amending the previous 1997 Act of the parliament that fixed the number of judges of the apex court to 17.

Chairman Senate Syed Yousaf Raza Gilani referred the bill to the standing committee concerned after the PTI opposed it accusing that the proposed law has been brought with an ill-intention to recruit those judges who will be “favourable” to the present regime.

Senator Qadir, the mover, said the purpose of the bill was to ensure quick justice and clear backlog of over 53,000 cases in the apex court. The litigants have to wait for up to two years to get their cases fixed in the SC, he said.

Senator Qadir noted the judges continue to delay decisions on common people’s cases because they are engaged to decide on a number of constitutional matters before them. He said the tax and power utilities related cases worth billions of rupees were stuck with the SC and the judges had no time to hear them. He described the growing population as another reason to increase the number of judges.

The parliamentary leader of PTI in the house Senator Ali Zafar opposing the bill said the government should have introduced reforms in the lower judiciary instead of talking about increasing the number of judges in SC. “This is called stacking of courts,” he said, adding that many African, Latin American and Asian countries in the past had increased the number of judges in superior judiciary by following the same practice. “The purpose is to take over the court system by bringing those judges who are favourable to a certain regime.”

Calling the move a judicial coup, Senator Zafar said the opposition was ready to increase the number of judges by two but efforts were being made to increase the number by seven to get desired results.

ANP Senator Aimal Wali Khan called for establishing a separate constitutional court and said it was more necessary to increase the number of judges in lower courts than in the apex court.

Law Minister Senator Azam Nazeer Tarar indirectly supporting the bill warned the opposition not to make the issue political. He said that the mover had pointed out a genuine issue even if the government did not agree to it. The appeals of prisoners facing death sentence and life imprisonment have been pending with the SC since 2015, he added.

Senator Tarar underlined that the framers of the constitution did not fix the number of judges in the superior judiciary and left it open for the parliament to do so time-to-time keeping in view the circumstances.

The law minister pointed out that they were going to increase the number of judges of Peshawar High Court by 10 on the request of the higher court. He said the government would examine the bill and then give its response over it, requesting the chair to refer the matter to the committee concerned.

Responding to the opposition’s demand for bringing reforms in the lower judiciary, Senator Tarar said the government was soon introducing a judicial package in the parliament in the next two to three week. Massive reforms are being introduced in the code of criminal procedure from registration of cases to manner of arrest, and from timelines in the magisterial and sessions’ trial to the law of evidence, he added.

Another private member bill, jointly moved by PPP, BAP, MQM-P, ANP and PML-N senators, was also tabled in the house that seeks to empower the district magistrate or deputy commissioner to regulate and ban public assemblies in Islamabad. The PTI rejected the proposed law, which landed in the house only a few days before the planned rally of the party in the capital city.

Chairman Senate referred the bill to the standing committee on law and justice, with the directions to present a report within two days.

The “Peaceful Assembly and Public Order Bill” says that the event coordinator of an assembly would be required to apply in writing to the district magistrate at least seven days before the intended date of the event, to get permission. The magistrate will grant permission after examining the prevailing law and order situation and obtaining security clearance reports from law enforcement agencies, reads the bill.

It empowers the district magistrate to impose a ban on any assembly within the limits of Islamabad Capital Territory (ICT) if it poses some risks to security or public safety besides other reasons.

The bill also seeks to empower the government to designate a specific area of the ICT as a red zone or high security zone, prohibiting all types of assemblies in that area.

The proposed law prescribes a punishment of up to three years and an unspecified fine to the members of an “unlawful assembly”.

Senate passes resolution paying tribute to Arshad Nadeem

The Senate also unanimously passed a resolution paying rich tribute to the national hero Arshad Nadeem on his remarkable achievement of winning the Gold medal in the Javelin throw at the Paris Olympics. The Law Minister Azam Nazeer Tarar moved the resolution and others.

It recognised the achievement of Arshad Nadeem as a testament to dedication & hard work, inspiring the Youth of Pakistan.

The resolution urged the government to provide opportunities for our youngsters to compete in various fields of sports at School, College and University level. The House expressed full confidence that he will continue to earn more laurels, brightening the name of our country globally, and serving as an inspiration for our youth.

Meanwhile, several bills were introduced in the House. These include; “The Civil Servants (Amendment) Bill, 2024”, “The Pakistan Trade Control of Wild Fauna and Flora (Amendment) Bill, 2024”, “The Muslim Family Laws (Amendment) Bill, 2024”, “The Anti-Terrorism (Amendment) Bill, 2024”, “The State Bank of Pakistan (Amendment) Bill, 2023”, “The Peaceful Assembly and Public Order Bill, 2024”, “The Shamilat Land Protection Bill, 2024” and “The Control of Narcotic Substances (Amendment) Bill, 2023”.

Besides, “The Pakistan Institute of Engineering and Technology Bill, 2024” was moved for passage to the joint Sitting of the Parliament. The House will now meet again on Thursday at 10:30 in the morning.