Pakistan's apex court blocks implementation of legislation aimed to curtail top judge's power

By Aamir Latif

KARACHI, Pakistan (AA) - Pakistan's Supreme Court on Thursday blocked implementation of a recent legislation that was aimed to curtail power of the apex court's chief justice, a court order said.

The expected judgement, yet another sign of escalating tension between the government and the judiciary, was delivered by an eight-member bench led by Chief Justice Supreme Court Umar Ata Bandial after a brief hearing.

The court declared the bill, approved by parliament on April 3, was against the independence of the top judiciary.

The government of Prime Minister Shehbaz Sharif has already expressed its mistrust on the bench, pointing a finger at the formation of the bench, which comprised all "like-minded" judges.

The judgement, for many was rare as the bill is yet to be signed by the president.

The court declared that whether or not the bill is signed by the president, it will not be implemented.

The court adjourned the hearing until May 2.

The most notable provision of the legislation "Supreme Court Practice and Procedure Bill 2023", was the removal of the chief justice's authority to take a suo moto notice, a legal term used in South Asian countries to refer to actions taken by courts on their own initiative without a request from the parties concerned.

According to the legislation, a three-member bench comprising the chief justice and the two senior-most judges will decide whether or not to take a suo moto notice. It was previously the sole prerogative of the chief justice.

It also stated that every cause, matter, or appeal before the apex court would be heard and disposed of by a bench constituted by a committee made up of the chief justice and the two senior-most judges. It added that the committee’s decisions would be taken by a majority.

The legislation also included the right to file an appeal within 30 days of the judgment in a suo moto case.

It also stated that any case involving constitutional interpretation will not have a bench of fewer than five judges.

The bill allowed three-time Prime Minister Nawaz Sharif, former Premier Syed Yousuf Raza Gilani, and several other parliamentarians who have been disqualified by the Supreme Court under suo moto action to appeal their disqualification within 30 days of the law's enactment.