Ruling alliance rejects ‘disputed bench’ hearing SC bill

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Says top court’s move to constitute eight-judge bench ‘an attempt to curtail Parliament's powers

2023-04-14T05:55:19+05:00 MATEEN HAIDER

ISLAMABAD    -    The coalition govern­ment Thursday warned that they would not ac­cept the apex court's move to constitute an eight-member "contro­versial bench" for hear­ing the 'Supreme Court (Practice and Proce­dure) Bill, 2023' before the completion of its legislative process and implementation. 

In their joint state­ment issued here, the ruling alliance said that such a move was never witnessed before in the history of Pakistan and in the conduct of judi­cial proceedings. 

"This act is tanta­mount to damaging the credibility of the supe­rior court besides mak­ing the process of jus­tice meaningless," it said. Taking exceptions against the constitu­tion of the bench before the set bill was enacted, the statement likened the bench composition with the purported "di­vide" of the Supreme Court and also validat­ed the ruling alliance's earlier stance. 

The honourable judg­es of the apex court in their judgments them­selves had also openly expressed their reser­vations over "one-man-show", they recalled.

"Pakistan is a feder­ating unit and non-in­clusion of judges from smaller provinces - Ba­lochistan and Khyber Pakhtunkhwa in the bench is also regretta­ble," it said. The state­ment said that the rul­ing alliance considers this move an attempt to curtail the Parliament's power which would be resisted. 

The constitution of the “ disputed bench “ in such haste and then fixing the case for hearing clearly indicated that what decision would come. According to the statement, the action of the Supreme Court and the statement of bar councils on the formation of the controver­sial bench “is a clear manifesta­tion that the action is not only against justice and fairness but also against the prevailing judi­cial procedures and established principles”. ‘All Pakistan Law­yers Convention’, held in Lahore, passed a resolution on October 12, 2019, demanding the Parlia­ment to pass this law. Acting on the demand of the lawyers’ com­munity, the Parliament present­ed the said bill, the statement added. It was asserted in the statement that “every attempt to take away the authority of the Parliament and interfere in its constitutional jurisdiction will be resisted and there will be no compromise on the supremacy of the Parliament in the light of the Constitution of Pakistan”.

‘SEEKING GUIDANCE FROM PAR­LIAMENT’

Prime Minister Shehbaz Shar­if chaired the meeting of Pakistan Democratic Movement’s parliamen­tary leaders to evolve the strategy on Supreme Court procedure and practices bill which has been taken up by the Supreme Court for hear­ing. The meeting which continued for more than an hour decided to seek guidance from the Parliament on the bill. The issue of release of funds by the finance ministry to the election Commission for holding of Punjab Assembly elections also came under discussion. The PDM decided to get guidance from the parliament on the matter. Speaking in the meeting, Prime Minister She­hbaz Sharif said Parliament is a su­preme institution and is elective representative forum of the public. Prime Minister made it clear that Parliament is the supreme forum and this forum will never surren­der its rights. 

Prime Minister regretted that Chief Justice of Pakistan took up Supreme Court bill just to confront with the Parliament. PDM leaders assured their full support and co­operation to the Prime Minister on the prevailing situation.

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