Respondents request petitions be heard by all judges of court due to importance of constitutional questions involved
\n ISLAMABAD:
\nThe federal government on Saturday requested the Supreme Court to form a full court to hear petitions challenging Supreme Court Practice and Procedure Act 2023.
\nOn March 28, parliament passed the bill, aimed at curtailing the unbridled powers of the chief justice. The bill restricts the chief justice\u2019s powers to take suo motu notices as well to constitute benches on his own.
\nInstead, it stipulates that these powers will be vested in a three-member committee, comprising the chief justice and two-senior most judges.
\nHowever, President Arif Alvi returned the bill back to parliament on April 8, without giving his assent. Subsequently, the lawmakers passed the bill again on April 10 and resent it to the president.
\nAs per the country\u2019s law, the president has 10 days to give his assent to the bill. However, even if the president does not give his assent, the bill will automatically become a law and take effect after that period, which in this case was April 20.
\nIn the petition, the respondents have requested that the petitions be heard by all the honourable judges of the court due to the paramount importance of the constitutional questions involved and the fact that it is a case of first impression.
\n\u201cThe Parliament passed the Supreme Court (Practice & Procedure) Bill, 2023, in exercise of its powers under the Constitution while fully cognisant of the principles of separation of power and constitutional command to secure independence of the judiciary,\u201d the petition stated.
\nIt said that the full court is the most appropriate forum to hear the petitions, as the Supreme Court Rules, 1980, have vested the power of formation of benches upon senior judges of the Supreme Court.
\n\u201cRespondents are fully conscious that it is their bounden duty to uphold the independence of the judiciary and the rule of law and the Respondents have never wavered in performance of their duty. Respondents are also very conscious of doctrine of trichotomy of powers and the independent role of three pillars of the state as expounded by the honourable Supreme. Any encroachment in the domain of other has been frowned upon by this Court. Keeping the aforementioned principles in mind the Parliament in its wisdom as the representative body of the people of Pakistan and being well aware of the constitutional scheme of separation of powers passed the Supreme Court (Practise & Procedure) Bill, 2023. As noted above, the honourable Court has prima facie found it to be serious encroachment upon the independence of judiciary.\u201d
\nThe petition stated that it is all the more reasonable and appropriate that the issue be resolved by the full court as it concern every judge of the honourable court and the people of Pakistan.
\nAccording to the petition, the respondents hoped the full court will be able to resolve the issue in the fairest and most transparent manner possible, in the interest of upholding the rule of law and the independence of the judiciary.<\/p>\n","protected":false},"excerpt":{"rendered":"
Respondents request petitions be heard by all judges of court due to importance of constitutional questions involved ISLAMABAD: The federal government on Saturday requested the Supreme Court to form a full court to hear petitions challenging Supreme Court Practice and Procedure Act 2023. On March 28, parliament passed the bill, aimed at curtailing the unbridled […]<\/p>\n","protected":false},"author":2,"featured_media":324266,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4],"tags":[292],"class_list":{"0":"post-329813","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-national","8":"tag-supreme-court"},"yoast_head":"\n