Pak Prez Alvi Returns To Parliament Bill Curtailing Chief Justice's Powers, PM Shehbaz Calls Him 'PTI Worker'
Pakistan President returned to Parliament for reconsideration of a bill aimed at curtailing chief justice's powers, saying the proposed legislation is beyond the jurisdiction of the legislative body.
Pakistan President Arif Alvi on Saturday returned to the country's Parliament a bill aimed at curtailing the powers of the chief justice for reconsideration, saying the proposed legislation is beyond the jurisdiction of the legislative body.
The apex court saw criticism from the coalition government led by Pakistan Prime Minister Shehbaz Sharif of the Pakistan Muslim League-Nawaz (PML-N) party, which has refused to accept it. The government also is keen to curb the suo moto (on its own) powers of the Chief Justice of Pakistan (CJP), Bandial.
Both Houses Approved The Practice and Procedure Bill 2023 Last Month
The Supreme Court (Practice and Procedure) Bill, 2023 was approved by both houses of Parliament last month and sent to the president for assent. The President said that the proposed legislation was prima facie beyond the jurisdiction of the parliament as only the Supreme Court has the power to make laws to regulate its business, PTI reported.
“The Supreme Court (Practice and Procedure) Bill, 2023 travels beyond the competence of the parliament and can be assailed as a colourable legislation,” Alvi, a member of former prime minister Imran Khan's Pakistan Tehreek-e-Insaf (PTI) party before he became president, said in his reply to the government, as quoted by news agency PTI.
The bill was approved by the federal Cabinet on March 28. The National Assembly passed it after a few amendments suggested by the Standing Committee on Law and Justice. On March 30, it was passed by the Senate.
What Does The Bill Say?
The bill 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 chief justice and the two senior-most judges. It added that the decisions of the committee would be taken by a majority. On exercising the apex court’s original jurisdiction, called suo moto powers, the bill said that any matter invoking the use of Article 184(3) would first be placed before the committee.
Pakistan: PM Shehbaz Sharif Slams President Alvi for returning SC bill, calls him 'PTI worker'
Pakistan Prime Minister Shehbaz Sharif criticised President Dr Arif Alvi for returning Supreme Court (Practice and Procedure) Bill, 2023, unsigned and called him a worker of the Pakistan Tehreek-e-Insaf (PTI). "President Alvi returning the Supreme Court Bill duly passed by Parliament is most unfortunate," the prime minister said in a hard-hitting tweet hours after the president returned the bill to the legislature.
President Alvi returning the Supreme Court Bill duly passed by Parliament is most unfortunate. Through his conduct, he has belittled the august Office by acting as a worker of the PTI, one who is beholden to Imran Niazi more than the Constitution & demands of his Office.
— Shehbaz Sharif (@CMShehbaz) April 8, 2023
In his detailed reply, which he also posted on Twitter, Alvi said that he thought it fit and proper to return the bill under the Constitution, with “the request for reconsideration in order to meet the scrutiny about its validity (if assailed in the court of law)”.
President Dr Arif Alvi has returned the Supreme Court (Practice and Procedure) Bill, 2023 for reconsideration to the Parliament as per the provisions of the Article 75 of the Constitution, stating that the Bill prima-facie travels beyond the competence of the Parliament - pic.twitter.com/SM7HXVVa5Q
— The President of Pakistan (@PresOfPakistan) April 8, 2023
He said that “these time-tested rules are being followed ever since the year 1980 — any tinkering with the same may tantamount to interference with the internal working of the Court, its autonomy and independence.” Alvi cautioned that any attempt to modify or tamper with these rules could be viewed as interference with the internal workings of the Court, which could compromise its autonomy and independence.
The Prime Minister said the president has belittled his office through his actions as he is "beholden to Imran Niazi more than the Constitution and demands of his Office." In the tweet, Shehbaz said the president has belittled his office through his actions as he follows the PTI chief's orders rather than fulfilling his constitutional duties.
"Through his conduct, he has belittled the august Office by acting as a worker of the PTI, one who is beholden to Imran Niazi more than the Constitution & demands of his Office," he added.
Calling the apex court an Independent institution Alvi further said that it is “visualised by the founding fathers that in the state of Pakistan independence of the judiciary shall be fully secured”.
“With such an objective in view, Article 191 was incorporated and the Supreme Court was kept out of the law-making authority of the parliament,” he stressed. He said the competence of the Parliament to make laws stemmed from the Constitution itself. Under the Constitution, if the bill returned by the president is passed by Parliament, it should be sent to the president and would become law after ten days even if he refuses to endorse it.
PML-N Criticises President's Decision
Reacting to the president’s move, Climate Change Minister Senator Sherry Rehman criticised President Alvi for following former prime minister Khan-led Pakistan Tehreek-e-Insaf party's policy.
In a tweet, she said, “By returning the Supreme Court bill (to the parliament) for review, President Arif Alvi has proved that he is not the country’s president but the PTI’s secretary general even now.” She said Alvi had looked at “Parliament’s every decision with the perspective of the PTI”.
“He is following his party’s policy, not his constitutional role as the president," she said. “The president is saying this bill is outside the parliament’s authority? He kept running the President's House like an ordinance factory for three and a half years — how can he be aware of the parliament’s powers? President, do not teach the parliament legislation,” she said.
PML-N chief organiser Maryam Nawaz Sharif echoed the demand that CJP Bandial should resign because “his tilt towards” her rival party, the PTI, was ‘glaring’. In a series of tweets, Maryam alleged that the top judge had flagrantly violated the law and Constitution to favour Khan and the PTI.
“This blatant abuse of authority has led to an unprecedented revolt-like situation in the [Supreme Court]. Judges of impeccable repute have raised s erious questions on CJP’s conduct & bias,” she wrote, claiming that no chief justice had ever been accused of such misconduct. Her father, PML-N supreme leader Nawaz Sharif, also tweeted on the issue, saying that courts were meant to rescue nations from crises, not push them further into the quagmire.
“Who knows what privilege the chief justice has employed to impose a minority opinion on a majority decision? Rather than causing further damage, a chief justice who has insulted his position and the constitution by further PTI’s agenda should immediately resign.”
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