ISLAMABAD: Pakistan’s Senate on Thursday approved a bill to curtail the chief justice’s power to use “suo motu” provisions in Pakistani law that allow the court to open cases on its own initiative on issues it deems are of public interest and to denounce the failure of governments or public institutions.
The new legislation, called the Supreme Court (Practice and Procedure) Act, 2023, comes after the top court took “suo motu” notice last month of the Election Commission of Pakistan (ECP) delaying elections in Punjab and Khyber Pakhtunkhwa provinces, which account for more than half of the country’s 220 million people.
In the past, Pakistani chief justices have used the suo motu provision to launch inquiries ranging from payments to sugar cane farmers by industry owners and increases in milk prices to allegations of corruption in the running of the country’s steel mills, railways and national airline.
On Tuesday, the National Assembly passed a resolution accusing the Supreme Court of “judicial activism” and demanding its “non-interference” in matters related to the ECP.
The draft bill, presented in parliament and passed by the National Assembly on Wednesday and by Senate on Thursday, seeks to amend laws regarding the conduct of the top court and suggests setting up a three-member panel headed by the chief justice to take up suo motu cases.
“The passage of the Supreme Court (Practice & Procedure) Bill 2023 by Parliament today will institutionally strengthen the apex court,” Prime Minister Shehbaz Sharif said on Twitter. “It will help make the process of bench formation & exercise of Article 184 (3) transparent & inclusive, thus serving the cause of justice.”
The crisis, widely seen as a tussle between the top court and the federal government, stems from Chief Justice Umar Ata Bandial on February 23 taking suo motu notice of a delay in holding elections in Punjab and Khyber Pakhtunkhwa provinces, where legislative assemblies were dissolved in January by ex-Prime Minister Imran Khan and his allies. The move was part of Khan’s bid to force early general elections, since Pakista historically holds the provincial and national elections together.
According to Pakistan’s constitution, elections must be held within 90 days of the dissolution of a legislative assembly.
After weeks of delays and political wrangling on the issue, the Supreme Court in a 3:2 verdict on March 1 ordered the ECP to fulfill its constitutional obligation and announce an election schedule for Punjab and Khyber Pakhtunkhwa. The ECP subsequently said the vote in Punjab would be held on April 30 but last week withdrew its schedule, saying it was impossible to hold the vote in April due to security and financial concerns. It announced October 8 as the new poll date in Punjab.
Khan’s Pakistan Tehreek-e-Insaf party then approached the Supreme Court, which is now debating whether the ECP’s move is legal, forcing the government to move a resolution against the court itself.
According to Pakistan’s constitution, a bill passed by both houses of parliament becomes law once it receives the president’s formal approval.
