Pakistan PM criticises Supreme Court's order to render bill curbing powers of Chief Justice

Islamabad [Pakistan], April 20 : Pakistan Prime Minister Shehbaz Sharif on Thursday criticised the Supreme Court's order to render a bill curbing the powers of the Chief Justice of Pakistan (CJP) as ineffective after it becomes law, Dawn reported. He stressed that such an example did not exist in the entire world.

Speaking at the launch ceremony of the Constitution's mobile app in Islamabad, Shehbaz Sharif said, "There is no example in the world where the parliament's law which had not even come into existence right now and not taken its applicable shape was issued a stay order upon", Dawn reported.

The Pakistan PM said, "The Constitution has taken birth from the cradle of the parliament. The judiciary can interpret the Constitution that is their right but the judiciary cannot rewrite the Constitution."

He further said, "This (rewriting Constitution) is only the parliament's authority." Shehbaz Sharif stressed that Pakistan's parliament will make use of its constitutional and legal rights regarding the matter," as per the news report. He said, "It is expected from the judiciary, the Supreme Court bench and the bar that they will become the Constitution's protector."

On March 28, the federal cabinet approved the bill and the National Assembly approved it a day later after making a few amendments that were suggested by the Standing Committee on Law and Justice, as per Dawn.

On March 30, Pakistan Senate passed the Supreme Court (Practice and Procedure) Bill 2023, which aims to curtail the office of the CJP of powers to take suo motu notice in an individual capacity. However, Pakistan President Arif Alvi on April 8 returned the bill.

Later, two separate petitions challenging the bill in the apex court and the Islamabad High Court were moved, as per the news report.

Pakistan PM Shehbaz Sharif had called the Alvi's decision "most unfortunate." He had said the Pakistan President, through his decision, "belittled the august office by acting as a worker of the PTI."

According to the legislation, a three-member bench, including the CJP and the two senior-most judges of the Supreme Court will take a decision on whether or not to take up a matter suo motu, as per the Dawn report.

As per the law, each cause, matter or appeal before the Supreme Court will be heard and deposed by the bench. The legislation also involves the right to file an appeal within 30 days of the judgement in a suo motu case.