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Senate bill proposes raising Supreme court judges to 20, sans CJP

An amendment bill was introduced in the Senate, aiming to tackle the mounting backlog of cases in the Supreme Court. The proposed “Supreme Court (Number of Judges) (Amendment) Act”, 2024, seeks to raise the number of Supreme Court judges, excluding the Chief Justice, from 17 to 20.

Independent Senator Mohammad Abdul Qadir from Balochistan presented the bill, citing the urgent need to address the staggering number of over 53,000 pending cases currently before the apex court. The proposed increase is seen as a crucial step in managing the rising caseload and ensuring timely justice.

The bill outlines that the total number of Supreme Court judges, not including the Chief Justice, should be increased to 20. It argues that the Supreme Court’s diverse jurisdictions — including original, appellate, advisory, and review — contribute to a continuous accumulation of cases. The bill further notes that economic growth, social changes, and the integration of Federally Administered Tribal Areas (FATA) into Khyber Pakhtunkhwa have added to the complexity and volume of cases.

Senator Abdul Qadir highlighted that the current number of judges is insufficient, particularly given the increase in constitutional and financial matters requiring attention. He emphasized the need for at least 16 additional judges to effectively handle the complex and varied cases before the court.

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Despite Senator Qadir’s advocacy, opposition senators voiced concerns about the new legislation. However, Federal Minister for Law and Justice, Azam Nazeer Tarar, supported the bill and recommended its referral to the relevant committee for further consideration. Tarar pointed out the pressing nature of pending cases, including several capital punishment appeals that have languished since 2015. He stressed that the Constitution grants Parliament the authority to determine the number of judges, as no specific number is mandated.

The discussion comes amid ongoing efforts to manage case backlogs. Notably, in July, two retired judges, Tariq Masood and Mazhar Alam Miankhel, were appointed as ad hoc judges to the Supreme Court for one year, following a recommendation from the Judicial Commission of Pakistan and approval by President Asif Ali Zardari.

As the Senate continues to deliberate on this important bill, the focus remains on ensuring that Pakistan’s judiciary is equipped to handle its expanding caseload efficiently and effectively.

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