https://arab.news/49778
- The petition calls the right to appeal in suo motu cases impossible without relevant constitutional amendments
- The petition also maintains the chief justice cannot be deprived of administrative authority to form benches
ISLAMABAD: A law passed by Pakistan’s parliament to limit the authority of the country’s top judge has been challenged before the apex court, with the petitioner arguing that granting the right to appeal in cases initiated by the court itself, in suo motu proceedings, is impossible without making constitutional amendments, local media reported on Wednesday.
The development comes a week after the National Assembly of Pakistan notified the Supreme Court (Practice and Procedure) Bill 2023 as an Act, thereby codifying it into law. The Pakistani government proposed the said law last month amid a constitutional tug-of-war with the country’s judiciary over legislative elections in Punjab and Khyber Pakhtunkhwa provinces.
The law calls for revising the powers of the chief justice of Pakistan in taking suo moto notices, constituting benches, and providing the right to appeal to the aggrieved party.
“The Supreme Court (Practice and Procedure) Act 2023 has been challenged before the Supreme Court Lahore registry,” reported Samaa TV. “The petition argues that the right to appeal in suo motu cases is not possible without making constitutional amendments.”
The petitioner also maintained that the chief justice had the administrative authority to form benches in the apex court, adding that the new law depriving him of that power must, therefore, be declared “null and void.”
“The present Act is tantamount to curtailing the powers of the Supreme Court,” the petitioner said.