Bill to clip CJ’s suo motu power lands in NA

Bill to clip CJ’s suo motu power lands in NA
Law Minister Azam Nazeer Tarar speaks on the floor of the parliament in Islamabad, on March 28, 2023, in this still taken from a video. — YouTube/PTVNewsLive

After two judges questioned the chief justice's powers, the law minister introduced the bill

According to the Act, any matter requiring the exercise of original jurisdiction in the event of a suo motu notice under Article 184, Clause 3 of the Constitution must first be referred to a committee consisting of the Chief Justice of Pakistan and two other Chief Justices. Supreme Court. He said the committee will decide by majority vote.

National Assembly Speaker Raju Pervaiz asked Ashraf to refer the bill to the appropriate standing committee of the National Assembly. bills are discussed in detail in the DPR," he said.

The 23rd Supreme Court Practice and Procedure Act will become a law of the House of Representatives after it is approved by the Senate and signed by the President in 2023. Section 2 of the Bench Formation Act states that every cause, appeal or matter before the Supreme Court must be heard and heard by a bench comprising the Chief Justice of Pakistan and two senior judges. green

Section 3 of the Bill states that all matters relating to the exercise of original jurisdiction under Article 184(3) of the Constitution shall first be referred to the Committee constituted in Section 2 and that the Committee shall deal with matters of public importance. To exercise the fundamental rights recognized by the Constitution, the Supreme Court of Pakistan should consist of a bench of at least three judges, among whom may be members of the Judicial Committee.

Section 4 of the Bill states that within 30 days of the final judgment of the High Court exercising jurisdiction under Article 184(3) of the Constitution, the case shall be referred to the High Court Benches and Benches.

The bill also provides that a party has the right to appoint a lawyer of his choice to file a petition for review under Article 188 of the Constitution. In addition, the bill provides that an application seeking urgent or initial action in court, appeal, or problem must be heard within 14 days of service.

Meanwhile, the National Assembly has passed a resolution deeming the court's illegal intervention in political affairs as the cause of political instability in the country.

In a resolution passed by Information Minister Marryum Aurangzeb, the bench said it supported the decision and opinion of the four judges in notification 1/2023 and demanded implementation of the same.

The decision affirmed that the Election Commission of Pakistan (ECP) is an independent, sovereign and constitutional body and is responsible for conducting free and transparent elections under Article 218 of the Constitution.

DPR also argued that political stability is very important for economic stability. Also, in accordance with the true spirit of Article 224 and Article 218 of the Constitution, the Mejlis wants to hold the National and provincial Mejlis elections on the same day. The DPR also hopes that constitutional issues require collective wisdom to be heard by the full bench of the high court.

Prime Minister Muhammad Shehbaz Sharif had earlier said that Imran Khan would not be allowed to harm the interests of the country and asked the Parliament to pass a law based on the judgment of two respected judges of the Supreme Court.

He said the National Assembly should decide whether the constitution and laws will be followed or the law of the jungle will prevail. He said, based on the decision of two honorable judges of the Supreme Court, a law should be made to determine whether millions of people in the country will get help or get help from Ladla.

The Prime Minister also read out the operative part of the judgment delivered by Justice Mansoor Ali Khan and Justice Mandokhail: "Therefore, we are of the opinion that quashing suo moto suit and constitutional petition has become the main decision of the court; from four to three of the panel of seven member, which is mandatory for all concerned," he said.

It also overturned a 4-3 judge verdict in the suo moto election case, the court's ruling, and said the Supreme Court of Pakistan had no power to reconstitute the seat without the consent of the judge concerned. Shehbaz said Parliament should play a constitutional role in the legislation and prevent the state from reaching the final conclusion. Radical division of power between these institutions, drawing a red line between them that should not be crossed.

Shehbaz Sharif called Imran Khan the biggest fraud in the history of the country and said that talks with him cannot be held unless he apologizes to the nation for his mistakes and harming the interests of the nation and does not harm the Constitution and laws.

Shehbaz Sharif said that blue-eyed people like Imran Khan undermined the constitution and did not appear in court, were dragged out of the court in the dark of night and took bail.

He recalled that when they entered the opposition, top leaders of political parties appeared in court with their family members, including women. He said, when a daughter of the "nation" came to meet her father in prison on Eid, no one noticed.

He said it was Ladla who together with Imran Khan's supporters stormed the DPRD and hung dirty clothes on the walls of the building. He said, during almost four years of office, Imran Khan's government increased foreign debt by 70 percent, but did not implement a single new development project in the country.

Shehbaz Sharif said that a narrative has been created that the coalition government was imported and formed with the support of the United States. and night to improve relations with these countries, and Imran Khan's government is harassing the country and its friendly leaders.

He said that Imran Khan hired a US firm to lobby for him. Imran also created division in the society, but no one noticed what he did. He reminded that the appointment of Chief of Army Staff (CJCSC) and COAS was done only on the basis of merit and said that General Syed Asim Munir and General Sahir Shamshad were the highest among the three-star army officers. "General Syed Asim Munir is qualified and also won the sword of honour," he said, but lamented that a smear campaign had been launched against the military leadership.

He also cited Imran Khan's criticism of the armed forces for appeasing enemies like India and said 80,000 Pakistanis, along with officers and jawans of the army and law enforcement agencies, have sacrificed their lives to eradicate the menace of terrorism. But during the tenure of Imran Khan, the terrorists returned to their safe havens and demanded that the matter be investigated.

Shehbaz Sharif ordered the Chief Justice of Pakistan to conduct a forensic analysis of the leaked audio of the Supreme Court judge. He said that politicians were locked up for a while, but how many judges were shown the door for corruption charges.

Federal Minister Syed Naveed Qamar said that collective wisdom should come from the Supreme Court and not a few judges, as recommended by the Prime Minister, when the debate on constitutional and political issues began. There is an opinion that suo motu notice is used unnecessarily and often. Discussing constitutional and political issues, Dr. Ramesh Kumar said that the country's leaders cannot solve international problems if national problems are solved and solved.

Raja Riaz, the leader of the opposition in the National Assembly, said that Imran Khan has done nothing but harm the Constitution and the country's economy during his nearly four years in office. He said that by their own actions, parliamentarians should prove that they support an independent judiciary and not just one person.

PTI's Saleh Muhammad said that the Election Commission of Pakistan violated the Constitution by not holding the Punjab and Khyber Pakhtunkhwa Assembly elections within 90 days after the dissolution of the two houses.

Salahuddin MQM claimed that Imran Khan was running the country's affairs following the Madinah State model, but instead plundered the country's resources and sold gifts received from friendly countries.

Jamaat-e-Islami representative Maulana Abdul Akbar Chitrali said his party's manifesto assured that all organizations would be strengthened and free from political interference. He said the government and the opposition should show patience and tolerance and eliminate polarization.


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