CJP declares SC (Practice and Procedure) Act 2023 as ‘interference with court’s jurisdiction’

Chief Justice of Pakistan (CJP) Umar Ata Bandial on Tuesday termed the Supreme Court (Practice and Procedure) Act 2023 “unconstitutional”, adding that the legislation was an attempt to interfere with the top court’s jurisdiction.

CJP Bandial made the remarks while hearing former prime minister Imran Khan’s — who was removed from office via a no-confidence motion last year in April — plea challenging the former government's amendments to the National Accountability (NAB) Ordinance.

Former Pakistan Democratic Movement (PDM)-led government had on April 10 gotten the bill passed in the joint session of parliament amid the strong protest from the Pakistan Tehreek-e-Insaf (PTI) after President Arif Alvi had returned the bill seeking to curtail the CJP’s suo motu powers. Later, former law minister Azam Nazeer Tarar announced that the bill — which aims to curtail the chief justice's powers to take suo motu notice in an individual capacity — become law on April 20.

Meanwhile, an eight-member larger bench of the SC on April 13 ordered that even if the Supreme Court (Practice and Procedure) Bill 2023 received the assent of the president, the bill would not be acted upon in any manner till further order.

“The moment that the Bill receives the assent of the President or (as the case may be) it is deemed that such assent has been given, then from that very moment onwards and till further orders, the Act that comes into being shall not have, take or be given any effect nor be acted upon in any manner,” read the interim order.

At the outset of today’s hearing, the top judge noted, “There was an attempt to interfere in the court’s jurisdiction by expanding the ambit of appeal in the Supreme Court (Practice and Procedure) Act 2023.”

A three-member top court bench comprising CJP Bandial, Justice Mansoor Ali Shah and Justice Ijazul Ahsan, resumed hearing the petition filed last year by Khan against the amendments to NAB law.

“The attorney general himself had admitted that there are flaws in the SC (Practice and Procedure) Act 2023,” he stated.

The top judge said that the attorney general had said that the Nation Assembly would review the act but the assembly did not do so. “I am unaware of the caretaker government’s stance on the law,” he added.

Later the top court adjourned the hearing till tomorrow.

‘Good to see you’

During the course of proceeding, CJP Bandial, while addressing Advocate Khawaja Haris, said, “Good to see you. I hope that I will not be targeted for saying this.”

Earlier, the country had witnessed a heated debate when the CJP had exchanged greetings with former premier by saying “good to see you” during his appearance before the top court.

After heavy criticism, the CJP had to clarify his cordial greeting to Khan.

“I hold everyone in high esteem as respect and courteousness are important for everybody,” the CJP had added.