An eight-member larger SC bench comprising Chief Justice of Pakistan issued an interim order granting stay in implementation on Supreme Court (Practice and Procedure) Bill, 2023.
The bench ordered an interim injunction against a bill that could interfere with the independence of the judiciary. The bill proposes to regulate the practice and procedure of the court, but has been criticized for conferring upon it a jurisdiction that appears not to be permissible under any constitutional provision.
The interim injunction will prevent the bill from having any effect or being acted upon in any manner until further orders are given. The court has deemed the situation to be extraordinary and the contentions raised to be of substantial, immediate, and direct interference with the independence of the judiciary.
Earlier, the apex court issued notices to the Federal Government, Attorney General for Pakistan (AGP), political parties, the Pakistan Bar Council and the Supreme Court Bar Association of Pakistan in petitions challenging the Supreme Court (Practice and Procedure) Bill, 2023.
An eight-member larger SC bench comprising Chief Justice of Pakistan Umar Ata Bandial, Justice Ijaz ul Ahsan, Justice Munib Akhtar, Justice Sayyed Mazahar Ali Akbar Naqvi, Justice Muhammad Ali Mazhar, Justice Ayesha A Malik, Justice Syed Hasan Azhar Rizvi and Justice Shahid Waheed heard the petitions against the SC Practice & Procedure) Bill.
During the course of proceedings, CJP Bandial said a written order would be issued shortly by the bench.
He maintained that it was an important matter wherein the independence of the judiciary was involved which had already been declared a fundamental right of citizens.
Advocate Imtiaz Siddiqui, counsel for petitioner Raja Amir, said the case was of great importance due to the ongoing situation.
He said the proposed legislation interfered with the independence of the judiciary. The bill after approval from both houses of the Parliament was sent to the president, who raised objections and sent it back to the National Assembly.
The bill would become law in ten days after approval by the joint session of the Parliament, he added.
