NA notifies Supreme Court (Practice and Procedure) Act, 2023

ISLAMABAD: The Supreme Court (Practice and Procedure) Bill 2023 was notified as an act by the National Assembly on Friday.

The law would curtail the powers of the chief justice of Pakistan in taking suo motu notices and in also forming benches to hear cases besides granting a right to appeal.

A office memorandum of the National Assembly Secretariat, subjected ‘The Supreme Court (Practice and Procedure) Act, 2023 and undersigned by Additional Secretary (Legislation) Muhammad Mushtaq said: “The undersigned is directed to forward herewith a copy of the Supreme Court (Practice and Procedure) Act, 2023, which is deemed to have been assented by the President under clause (2) of Article 75 of the Constitution of the Islamic Republic of Pakistan w.e.f. 21^st April, 2023 and has been published in the Gazette of Pakistan, Extraordinary, Part-I, dated the 21^st April, 2023 as an Act No. XVII of 2023.

The implementation of the bill has already been halted by an eight-member bench of the Supreme Court that is headed by Chief Justice of Pakistan Umar Ata Bandial.

The bill was approved by the federal cabinet on March 28 and then passed by the National Assembly and Senate. However, President Dr Arif Alvi refused to sign it into a law with the observation that it travelled “beyond the competence of parliament”.

A joint session of the parliament then passed it again on April 10 with certain amendments. It was again referred to the president, who once again returned the bill unsigned.

According to the Constitution, if the president refuses to sign the bill for the second time after the joint parliament’s approval his assent is deemed granted within 10 days.

On April 13, the Supreme Court barred the government from enforcing the law, saying the move would “prevent the imminent apprehended danger that is irreparable” as soon as the bill becomes an act of parliament.

The notification says that the act will come into force at once.

The Supreme Court (Practice and Procedure) Act, 2023 aims to give the power of taking suo motu notice to a three-member committee comprising senior judges, including the chief justice. It also aims to have transparent proceedings in the apex court and includes the right to appeal.

Regarding the formation of benches, the act states that every cause, matter or appeal before the apex court would be heard and disposed of by a bench constituted by a committee comprising the CJP and the two senior-most judges. It added that the decisions of the committee would be taken by a majority.