ISLAMABAD: The Supreme Court Judicial Reform Bill (Practice and Procedure) Bill 2023, which was presented by Federal Minister for Law and Justice Azam Nazeer Tarar and aims to limit the Chief Justice of Pakistan’s suo motu powers, was approved by the National Assembly on Tuesday.
The Supreme Court (Practice and Procedure) Bill, 2023 was approved earlier on Wednesday by the National Assembly’s standing committee for law and justice with an amendment.
According to the Law Minister, Article 184 was used without restriction. Iftikhar Chaudhry used the suo moto powers without restriction, while Saqib Nisar went beyond the limits.
Tarar stated, “In the past, there was no right to appeal in suo moto, which is against fundamental rights and Sharia.” In legal and constitutional cases, a bench will consist of at least five judges, the law minister stated. In suo moto cases, the lawyer could now be changed, something that was previously prohibited,” he added.
The bill Three senior Supreme Court (SC) judges will make the decision regarding suo motu notice under the new law.
Besides, the bill likewise incorporates a condition in regards to one side to offer against the choice, which could be recorded in the span of 30 days and will then, at that point, be fixed for a meeting in about fourteen days’ time.
In a suo motu case, the party will also be permitted to switch lawyers. The matter will be brought before a committee of judges in accordance with Article 184. The case will be reviewed by the committee, and then a five-member committee will be formed for any kind of constitutional interpretation.
The law will take effect regardless of how the high courts or the Supreme Court (SC) rule.