‘Mother of all institutions’: Contempt of Parliament bill sails through NA

[Savak]

The Current CJ Bandyal has not only emerged as a nar ka bacha courageous but also extremely intelligent, he knows exactly what to do and how to get through PDM's and the establishments stalling badniyat tactics.

 

[daytrader]

Gloves off as NA vows to repay SC in same coin

• Passes another bill giving right of appeal in suo motu cases
• Two damning resolutions targeting top court also passed
• Speaker changes parliamentary schedule following apex court order in elections case; minister accuses court of assuming ‘political role’

ISLAMABAD: In an unprecedented move amid the ongoing tussle between parliament and the judiciary, the government on Friday convened a National Assembly sitting ahead of schedule and secured approval of three bills — including one giving the right of appeal to the aggrieved party in suo motu cases — and two damning resolutions against the judiciary within half an hour, after suspending several rules.

Speaker Raja Pervaiz Ashraf, who adjourned Thursday’s sitting of the lower house of parliament until April 26, changed the schedule through a notification at a time when members were attending a briefing by the military leadership on the national security situation.

The move came minutes after a three-judge Supreme Court bench, headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial, ordered the State Bank of Pakistan to release Rs21 billion by Monday for holding elections to the Punjab and Khyber Pakhtunkhwa assemblies.

The house also witnessed a fiery speech by Defence Minister Khawaja Asif, who accused the judiciary of playing politics.

Taking the floor, Mr Asif said they were doing legislation to strengthen the apex court so that it could find out the way to clear a backlog of over 51,000 cases.

Without elaborating, he said the remarks given by Army Chief Gen Asim Munir during the in-camera briefing about the parliament and the office of the prime minister were appreciable.

“Previously, prime ministers faced allegations that they do legislation to protect their powers. There [in the Supreme Court], they are resisting the legislation to protect and concentrate their powers,” the minister said as Prime Minister Shehbaz Sharif looked on.

“We want to disperse their [judges’] powers so that there should be some democracy in that institution,” he said, referring to the top court. “I think this institution [parliament] is playing a less political role than that institution [Supreme Court].”

He added, “We are not trespassing on anyone’s territory, but this parliament will never tolerate trespassing of its territory [by others].”

...
https://www.dawn.com/news/1747742/gloves-off-as-na-vows-to-repay-sc-in-same-coin

 

[MenInG]

The National Assembly on Friday passed a bill giving it the right to review judgments and orders passed by the Supreme Court in exercise of its original jurisdiction under Article 184 of the Constitution.

Right after an in-camera briefing on the security situation of the country to the lawmakers and just minutes before Iftar, the house passed ‘The Supreme Court (Review of Judgments of Orders) Bill, 2023’.

The bill, moved by MNA Shaza Fatima Khawaja, aims at facilitating and strengthening the Supreme Court in exercise of its powers to review judgments and orders by enlarging the review jurisdiction.

Apart from enlarging the apex court’s jurisdiction, it would enable the constitution of a larger bench than the original one for a review petition and grant right to appoint a counsel of one’s choice among other things.

Importantly, the new bill will have a retrospective effect and judgments or any orders passed before the enactment of the bill can be reviewed, according to the mover of the legislation.

Shaza told The Express Tribune that the bill, after becoming the law, would enable the review of judgments passed in suo motu cases or other cases decided under the apex court’s original jurisdiction, including the recent case about the Punjab polls.

Express Tribune

 

[daytrader]

SC’s domain open to intrusion if it enters parliament’s: NA Speaker

National Assembly Speaker Raja Pervaiz Ashraf said the farce of elections should end if parliament has to use its legislative authority according to the will of the Supreme Court or a high court.

In an interview with Voice of America (VoA), he said they (the superior judiciary) should take over the legislative business if parliament’s lawmaking authority is unacceptable.

Referring to the apex court, he said, “how can you enter the domain of the chosen representatives of the people? Now that you have come, others will also try to enter your domain.”

He said that while the apex court should hear all parties, the government should also shun rigidity, adding political matters should never be taken to the court as it harms not only politics but also weakens judiciary. Division in politics is necessary, but division in Supreme Court is dangerous, he maintained.

He said parliamentarians themselves should resolve all political matters in the parliament or at any other forum on their own.

On army chief’s address to the in-camera session, the Speaker said army chief’s words and their clarity of thought were very reassuring. The Speaker said the way the army chief expressed his adherence to the constitution and trust in the supremacy of the parliament was invigorating. The country needs ideas like this, the Speaker added.

...
https://www.thenews.com.pk/print/10...ntrusion-if-it-enters-parliament-s-na-speaker

 

[MenInG]

Justice Qazi Faez Isa, senior puisne judge of the Supreme Court (SC), said on Wednesday that the Constitution gave the top court as a whole the right to take suo motu notice, adding that this power did not exclusively lie with the chief justice of Pakistan (CJP).

He made the remarks while speaking during an event celebrating the Constitution’s golden jubilee. During the event, Justice Isa — who is slated to become the next CJP in September — was asked about the difference in opinion regarding the top judge’s suo motu powers.

It should be noted that on March 29 Justice Isa and Justice Aminuddin Khan had ruled that the CJP did not have the power to make special benches or decide its members and that all hearings based on suo motu notices and cases of constitutional significance should be postponed until they were legislated upon. However, the order was eventually recalled by a six-member larger bench earlier this month.

“The meaning of the SC in Article 184(3) is that all judges and the chief justice unanimously [take suo motu notice],” Justice Isa said.

DAWN

 

[MenInG]

President Arif Alvi on Wednesday, for a second time, refused to give his assent to a bill seeking to curtail the chief justice of Pakistan's (CJP) powers and sent it back to parliament, maintaining that the matter was now subjudice.

"The matter of competency of legislation and validity of the bill is subjudice now before the highest judicial forum of the country. In deference to the same, thereto no further action is desirable," he said in his reply.

The legislation in question, titled the Supreme Court (Practice and Procedure) Bill 2023, is aimed at depriving the office of the CJP of powers to take suo motu notice in an individual capacity and giving the right to appeal in all suo motu cases with retrospective effect.

It was approved by the federal cabinet on March 28 and then passed by both houses of parliament — the National Assembly and Senate — only for the president to refuse to sign it into law with the observation that it travelled “beyond the competence of parliament”.

DAWN

 

[MenInG]

Prime Minister Shehbaz Sharif on Saturday said the “basic purpose” of the suo motu jurisdiction was for it to be exercised in the public interest instead of for an individual.

The Supreme Court is empowered to take suo motu notice — cognisance of a matter on its own — which it deems is in the public interest and commences proceedings on it.

Talking to the media outside Lahore’s Central Jail, known as Kot Lakhpat Jail, after visiting the facility and enquiring about the conditions of prisoners while talking with them, the prime minister questioned how many times the court took suo motu notice of the issues pertaining to prisons and their inmates.

“Did you ask jail officials how many prisoners they have because the basic purpose of a suo motu notice is the public interest — not an individual’s.

DAWN

 

[MenInG]

While the ruling PML-N has demanded the resignation of Chief Justice of Pakistan Umar Ata Bandial and a suo motu notice following the surfacing of an audio clip allegedly featuring an SC judge’s relative, the opposition PTI is of the view that such phone tapping is illegal and punishable by up to three years in prison.

The statements came after a tape involving two women, one of them purported to be a relative of a serving top court judge, surfaced on social media.

Federal Information and Broad*casting Minister Marriyum Aurangzeb, while lamenting the leaked conversation, said that when the Constitution and justice fell victim to the advice of foreign agents, sons-in-law, daughters-in-law, children and mother-in-law, then the country has to suffer at the hands of thieves and liars “like Imran”, who brought inflation and unemployment, APP reported.

The minister said that PTI leaders abused the judiciary. She said if the CJP gave a verdict in favour of Imran Khan not because of the Constitution but due to the fear of his mother-in-law and upon the advice of children and wives, this will not be allowed to happen.


Marriyum says country is suffering at hands of liars ‘like Imran’; PTI renews call for probe into leaks

“Neither the nation will forgive those who play with the Constitution, nor will we spare them,” she maintained.

She said it was strange that a woman had become spokesperson for those who threw shoes at the poster of her son-in-law.

Now, elections will be held on time and not on the advice of Gen Bajwa and the mother-in-law of anyone, she added.

Call for suo motu

Separately, PML-N leader Talal Chaudhry told a presser in Lahore the leaked audio strengthened PML-N’s stance that an atmosphere was being created to benefit Imran Khan and demanded investigation into the purported audiotape.

He also demanded formation of the Supreme Court benches in line with the new law approved by the parliament.

In Faisalabad, Interior Minister Rana Sanaullah Khan while terming the alleged audiotape very alarming demanded the Supreme Court immediately take suo motu notice of it to ascertain its reality, facts and background.

At a presser on Sunday, he said the matter should be taken on a priority basis as everyone was concerned about the conversation that had been mentioned in the audio leak by naming some personalities of the judiciary.

He said that if in the forensic audit and in FIA’s inquiry, the tape is proved as fabricated, strict action should be taken against those who were involved in preparation of the tape.

He said the women were talking in the audiotape about the very serious issue of election, a matter which is being heard by the Supreme Court and are expressing their views about the case.

He recalled that a similar audio of Chaudhry Parvez Elahi was also leaked earlier but no action was taken.

Mr Sanaullah said those sitting in courts were bound by the Constitution, beyond relations.

PTI seeks investigation

On its part, the PTI renewed calls for investigation into such clips and urged the Supreme Court to take notice of the leaks, Dawn.com reported.

Of late, a slew of audio leaks featuring key government and opposition figures — including Prime Minister Shehbaz Sharif, PTI Chairman Imran Khan, PML-N leader Maryam Nawaz, and others — have surfaced on social media.

The PTI chief said audio leaks were a matter of fundamental rights. “I want to tell the SC today that my petition [on the matter] has been lying in the court for the last eight months. The court should now take a step on it,” he added.

PTI leader Fawad Chaudhry said his party had repeatedly urged the SC to probe the series of leaks, calling them “disastrous”.

When audios from the PM Office and PM House were released, the PTI requested the SC to look into this matter, he said. “If the office of the prime minister is not secure and audios are being recorded there, then how will anyone else in the country be safe?”

“Now, judges, politicians, civil servants, and even housewives are becoming victims of this third-class thinking and no one can do anything about it,” he regretted, adding that “such illegal phone tapping is punishable by up to three years in prison under the fair trial law”.

Former minister Shireen Mazari said audio leaks involving private conversations of people showed the level of “depravity, desperation, and insanity the deep state and its puppet PDM regime is delving into with impunity”.

“Time for SC to move against such audio tapping which is clearly illegal. Sick minds!” she added.

Published in Dawn, April 25th, 2023

 

[daytrader]

CJP-led bench for today delisted due to his 'indisposition'
New bench constituted to hear all cases for today

Ahead of the Supreme Court mandated deadline for political parties to reach a consensus on a new date for elections in Punjab on Wednesday, the roster for Bench 1 of the apex court was revised due to the 'indisposition' of Chief Justice of Pakistan (CJP) Umar Ata Bandial.

The CJP’s bench was delisted along with all cases before it. The SC Registrar issued a notification delisting the cases but did not specify the reasons.

"It is to inform that the Court Roster regarding Bench-I for Wednesday, 26th April 2023, has been revised due to the indisposition of the Hon'ble Chief Justice of Pakistan."

Earlier, the apex court had asked all political parties to evolve a consensus on the date for holding simultaneous general elections of the National Assembly and the four provincial assemblies expeditiously; otherwise, the court noted, its order regarding the Punjab Assembly elections on May 14 would come into force.

For today’s SC hearings, a new bench consisting Justice Ijaz ul Ahsan and Justice Aminuddin Khan was constituted to hear all the cases. The top court's Registrar’s Office released the list of cases the new bench would hear.

...
https://tribune.com.pk/story/2413742/cjp-led-bench-for-today-delisted-due-to-his-indisposition

 

[daytrader]

Bilawal accuses SC of ‘contempt of parliament’
Judges must show respect towards parliamentarians and the prime minister, says foreign minister

Foreign Minister and Pakistan Peoples Party (PPP) Chairman Bilawal Bhutto-Zardari on Wednesday accused the Supreme Court of "insulting" the Parliament by not adhering to the Constitution.

"The Supreme Court wants to impose a minority decision by turning it into a majority one. We will not accept it under any circumstances," he said during his address in the National Assembly.

He said that the role of the top court is not to bring about changes in the Constitution, and that the judges must show respect towards the members of Parliament and the prime minister, just as they are respected.

He said that a letter is not enough as the Parliament was insulted and its privileges were violated. Therefore, he suggested that the matter be taken up by the privilege committee.

Bilawal reposed confidence in Prime Minister Shehbaz Sharif and emphasised the entire parliament's support for the Constitution. He also noted the potential danger to Pakistan, its people, and the federation in the ongoing political fight.

The foreign minister said that they would have accepted the decision if the court had given orders to hold elections in Punjab and K-P only but the verdict indicated "something is fishy".

Bilawal criticised the court's orders to "disobey" the Parliament, highlighting that the House supported the "majority decision of four judges".

He asserted that the judiciary's orders to "ignore" the Parliament were unacceptable, refusing to acknowledge it. He questioned how anyone could contemplate breaking the Constitution and issuing such an order.

...
https://tribune.com.pk/story/2413787/bilawal-accuses-sc-of-contempt-of-parliament

 

[Savak]

I would love to see whether the US Congress or Senate and the US Presidency would ever dare to tell the US Supreme Court to Butt out of their affairs and to get away with it as well.

 

[daytrader]

SC to take up bill clipping CJ’s powers on May 2
Top court stopped enactment of legislation last time even if president gave it his nod

The Supreme Court will resume hearing on a set of pleas filed against a bill targeting the powers of the top judge to initiate suo motu proceedings or form benches on May 2 (Tuesday).

In its last hearing, the apex court had stopped the enforcement of the Supreme Court (Practice and Procedure) Bill 2023 even if the president gave it his nod.

As per the roster issued on Saturday, the same eight-judge bench will take up the pleas that heard them earlier.

It will comprise CJP Umar Ata Bandial himself, Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Sayyad Mazahar Ali Akbar Naqvi, Justice Muhammad Ali Mazhar, Justice Ayesha Malik, Justice Syed Hasan Azhar Rizvi and Justice Shahid Waheed.

In its previous hearing, the court had ‘pre-emptively' ruled that whether the bill received the president’s assent or it was deemed to have been given, "the act that comes into being shall not have, take or be given any effect (and) not be acted upon in any manner”.

On March 28, parliament passed the bill, aimed at curtailing the unbridled powers of the chief justice. The bill restricts the chief justice’s powers to take suo motu notices as well to constitute benches on his own.

...
https://tribune.com.pk/story/2414275/sc-to-take-up-bill-clipping-cjs-powers-on-may-2

 

[daytrader]

Pleas against law curtailing CJP powers: PBC to seek hearing by full court today
Council’s VP says will request the court to vacate stay order against the law

Pakistan Bar Council (PBC), the apex body of the legal fraternity, is set to raise objections today (Tuesday) on the bench, resuming hearing in the petitions challenging the Supreme Court (Practice and Procedure) Bill 2023 that aimed at curtailing the powers of the Chief Justice of Pakistan (CJP.

An eight-member larger bench of the apex court headed by Chief Justice Umar Ata Bandial and comprising Justice Ijazul Ahsen, Justice Munib Akhtar, Justice Sayyed Mazahar Ali Akbar Naqvi, Justice Muhammad Ali Mazhar, Justice Mrs Ayesha A Malik, Justice Syed Hassan Azhar Rizvi and Justice Shahid Waheed will resume hearing on the matter today at 12:30pm.

“We will strongly resist the bench from hearing the matter and will stressconstitution of a full court for hearing this constitutional matter,” PBC Vice Chairman Haroon ur Rashid told ‘The News’ on Monday.

He said that as per their earlier demand -- they made the other day in Quetta Convention -- they will also ask for vacate the stay order earlier given by the said bench against the Supreme Court (Practice and Procedure) Act 2023, a legislation curtailing the CJP powers of suo motu jurisdiction as well as constitution of benches.

“If the court failed to withdraw its earlier order, suspending the operation of Supreme Court (Practice and Procedure) Act 2023, we will start countrywide protest campaign,” he added.

He further said that the Khyber Pakhtunkhwa (KP) Bar Council has also convened a lawyers convention on May 13 where representatives of the Bar councils from across the country wouls participate.

It is pertinent to mention here that Chief Justice Bandial had fixed the hearing for today (Tuesday) and had issued notices to the respondents besides issuing notices to the Attorney General for Pakistan, Supreme Court Bar Association through its president and the PBC through its vice chairman.

Similarly, the court had also issued notices to the political parties with the direction that if they desired may appear through their duly instructed counsels. Advocate Muhammad Shafay Munir, Raja Aamir Khan, Chaudhry Ghulam Hussain had challenged the constitutionality of federal legislation, being the Supreme Court (Practice and Procedure) Bill 2023.

The News PK

 

[daytrader]

SC seeks to understand MNAs’ concerns over suo motu

The Supreme Court on Tuesday sought the record of National Assembly proceedings from when a bill aimed at clipping the chief justice’s powers was deliberated upon and passed by the house.

The eight-member bench, which took up petitions challenging the Supreme Court (Practice & Procedure) Bill, 2023 on Tuesday, directed the attorney general for Pakistan (AGP) to furnish copies of the proceedings of the standing committee and the house ‘to understand the concerns and views of the lawmakers while passing the bill’.

During the hearing, Chief Justice of Pakistan Umar Ata Bandial put his weight behind his fellow judges as the Pakistan Bar Council (PBC) demanded a full bench to hear the case.

The CJP said political entities don’t want justice but favours and therefore, they resort to picking and choosing judges.

“Political people want favourable decisions, not justice,” he said. He noted that a demand for constituting a full court had also been put forth during the hearing of the case concerning holding elections in the country.

CJP observed that it was an embarrassing situation for the court since the demand was then made that certain judges shouldn’t sit on the bench.

Each judge has his standing and their orders should be respected, obeyed and implemented by each institution, the CJP emphasised.

However, the CJP put the request for a full court aside, observing that it will be considered again during the next hearing.

...
https://www.dawn.com/news/1750620/sc-seeks-to-understand-mnas-concerns-over-suo-motu

 

[MenInG]

Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan has urged his supporters to take to the streets on Saturday to express solidarity with Chief Justice Pakistan (CJP) Umar Ata Bandial.

In a video message issued on social media on Wednesday, the deposed prime minister called on every individual to come out of their homes to streets and markets one hour before Maghrib prayers on Saturday to show their backing of the CJP and to uphold the rule of law.

Express Tribune

 

[MenInG]

Lawmakers on Wednesday continued their assault on the judiciary as ex-prime minister and PML-N leader Shahid Khaqan Abbasi urged the speaker to convert the whole house into a committee and summon Chief Justice of Pakistan (CJP) Umar Ata Bandial before it, to seek an explanation over his calling for the record of assembly proceedings.

Speaking on a point of order, Mr Abbasi asked Speaker Raja Pervez Ashraf not to provide record of the assembly proceedings to the court, adding that he could not even do so without approval of the members.

Both sides of the aisle had, on Monday, asked the speaker not to provide the record to the court.

The Supreme Court on Tuesday sought the record of the parliamentary proceedings regarding the law that had already been passed by parliament aimed at clipping some powers of the CJP. The eight-member bench, headed by CJP Bandial, had already stopped implementation of the law even before the president’s assent to it, prompting a strong reaction from the lawmakers.

DAWN

 

[daytrader]

PAC tasked to probe SC judge’s pricey plot, tax details

The National Assembly on Thursday referred the case of Justice Mazahar Ali Naqvi, who is facing allegations of keeping assets beyond means, to the Public Accounts Committee (PAC) with the directive to come up with a report within 15 days containing details of the properties owned by the Supreme Court judge and the tax paid by him.

Deputy Speaker Zahid Akram Durrani referred the matter to the powerful arm of parliament on the demand of Minister for Economic Affairs Sardar Ayaz Sadiq. The PML-N leader had raised the issue on a point of order during the Question Hour as lawmakers continued their assault on the superior court judges in the wake of ongoing executive-judiciary tussle over the issue of elections to the Punjab Assembly.

Having no serious business to do and in an apparent effort to drag the proceedings, the deputy speaker provided free time to members to speak on any subject on points of order.

Taking the floor, Mr Sadiq said various bar councils had filed references to the Supreme Judicial Council (SJC) against Justice Naqvi, adding that such allegations were tarnishing the image of judiciary.

...
https://www.dawn.com/news/1750990/pac-tasked-to-probe-sc-judges-pricey-plot-tax-details

 

[daytrader]

Stopped taking suo motu notices: CJP
CJP Bandial says court will implement its order of holding elections in Punjab on May 14 if govt failed to come up with conclusion

Chief Justice of Pakistan Justice Umer Ata Bandial on Friday while reiterating his resolve to uphold the constitution said that if the government and the opposition failed to come up with a final conclusion then the court will implement in letter and spirit its order of holding elections in Punjab on May 14.

A three-member bench of the apex court headed by Chief Justice Umer Ata Bandail and comprising Justice Ijazul Ahsen and Justice Munib Akhtar heard the petition of Sardar Kashif Khan seeking general elections of the National Assembly and provincial assemblies on the same date.

“We are trying to find a way for the enforcement of the constitution which is conducive for a political and constitutional solution otherwise the court would not sit idle on its verdict for the May 14 polls if negotiations between the political parties failed, the CJP remarked.

Attorney General Mansoor Awan told the court that the coalition government has filed a joint statement in view of its negotiations with Pakistan Tehreek-e-Insaaf (PTI) adding that Farooq H Naek, representing Pakistan People’s Party (PPP) will brief the court on the matter in hand. Farooq H Naek came to rostrum and readout the joint statement of the coalition government adding that the coalition government during the talks with the Opposition (PTI) reiterated holding elections to the national assembly and four provincial assemblies simultaneously to ensure a level playing field to all the political forces of the country. He, however, said that both sides did not agree on the date of dissolution of assemblies. Naek submitted that during the talks, they also apprised the PTI about the current economic situation in the country and the ongoing negotiations with International Monetary Fund (IMF) to which the PTI also agreed as well.

...
https://www.thenews.com.pk/print/1067392-stopped-taking-suo-motu-notices-cjp

 

[daytrader]

PAC divided over taking up case against SC judge

The Public Accounts Committee (PAC) of the parliament is divided over the issue of taking up the case of Supreme Court (SC) judge Justice Mazahar Ali Naqvi, who is facing allegations of keeping assets beyond means, Dawn has learnt.

The resentment within the PAC members, including those belonging to the ruling coalition, came to the surface at a time when the National Assembly Secretariat has already issued notices to them for a meeting scheduled to be held on Monday (tomorrow) to take up the case against the SC judge.

The matter had been referred to the PAC by Deputy Speaker Zahid Akram Durrani on the demand of the ruling Pakistan Muslim League-Nawaz (PML-N) leader and federal minister Sardar Ayaz Sadiq during the National Assembly’s sitting on May 4 with the directive to come up with a report within 15 days.

The PML-N leader had raised the issue on a point of order during the Question Hour as lawmakers continued their assault on the superior court judges in the wake of ongoing executive-judiciary tussle over the issue of elections to the Punjab Assembly.

...
https://www.dawn.com/news/1751310/pac-divided-over-taking-up-case-against-sc-judge

 

[daytrader]

SC judges question govt’s obsession with full court

• PML-N says it’s not appropriate for ‘selected’ bench to hear case on suo motu powers
• AGP says copies of parliamentary proceedings may be furnished today
• PTI threatens high treason cases against caretaker govts

ISLAMABAD: The Supreme Court on Monday grilled the government regarding its insistence on the formation of full court to hear the case pertaining to suo motu powers of the chief justice, with Justice Ayesha A. Malik wondering whether the government intended to “get the benefit of the internal meetings of the judges” regarding the administrative affairs of the court.

During the hearing, the PML-N, in its plea submitted by lawyer Salahuddin Ahmed, asked the eight-member bench not to hear the case, since the bench was “selected” and headed by Chief Justice Umar Ata Bandial.

Justice Malik, part of the eight-member bench, said it appeared the government intended to get the benefit of the internal meetings of judges on regulating the court’s administrative affairs since such matters were discussed by all the judges in the full court meetings.

“All the time the court hears cases relating to vires and the legislative competence of a law, but we need to draw some line otherwise whenever a case relating to the independence of judiciary and legislative competence will come up, a request for the full court will be raised,” the judge observed.

Justice Malik said she was struggling to understand whether the order of a bench hearing such cases would not be good if rendered by a three-judge bench, but will be fine if given by the full court.

“Will the government even ask the high court to constitute the full court when such matters land in the high courts,” Justice Malik asked. If this logic prevails, it has to be applied everywhere, she added.

Justice Munib Akhtar reminded the attorney general that when parliament has itself answered in the law by stating that at least a bench consisting of five judges should interpret matters relating to procedures of the court then the plea being raised for the full court would mean that the parliament was wrong.

“The weakness of the government on counting is increasing,” Justice Akhtar observed, asking the AGP to notice eight judges were hearing the matter rather than five, which the law asked for.

...
https://www.dawn.com/news/1751731/sc-judges-question-govts-obsession-with-full-court

 

[daytrader]

‘Mother of all institutions’: Contempt of Parliament bill sails through NA
Individuals found guilty of contempt may face up to six months of imprisonment, a fine of up to Rs10m, or both

The National Assembly of Pakistan has unanimously passed a private member's bill aimed at condemning and punishing actions that breach the sovereignty and integrity of the Parliament in any form or manner.

The bill, moved by Chairman Standing Committee on Rules of Procedure and Privileges Rana Muhammad Qasim Noon, received widespread support from members of the House.

Minister for Federal Education and Professional Training Rana Tanveer Hussain commended the bill, stating that it would enhance the oversight role of the Parliament. The legislation is seen as a historic moment in the country's parliamentary history and signifies a significant step toward ensuring the supremacy of Parliament as the “mother of all institutions”.

Although similar legislation exists at the provincial level, this bill fills a crucial gap by establishing provisions at the federal level. It aims to ensure the proper functioning of standing committees and strengthen parliamentary oversight.

Under the new law, a House can charge an individual with contempt if they breach the privileges of the Parliament. The NA Speaker or Chairman of the Senate can refer such matters to the Contempt Committee. If the Committee determines that a person should be charged with contempt, the Chairman of the Committee can move a motion in the House.

Within thirty days of the Act's commencement, the Speaker will establish a Contempt Committee consisting of twenty-four members with equal representation from each house. Fourteen members will be nominated by the Leader of the House, while ten members will be nominated by the Leader of the Opposition. The Secretary of the National Assembly Secretariat will act as the Secretary of the Contempt Committee, and decisions will be made by a majority vote.

...
https://tribune.com.pk/story/241708...-contempt-of-parliament-bill-sails-through-na

 

[DRsohail]

The Current CJ Bandyal has not only emerged as a nar ka bacha courageous but also extremely intelligent, he knows exactly what to do and how to get through PDM's and the establishments stalling badniyat tactics.

Let see what he does now. HE created the mess by taking that 2022 somuto.

 

[Savak]

Let see what he does now. HE created the mess by taking that 2022 somuto.

Sources close to him state he regrets his decision back then and blames himself for the state of the country today

 

[MenInG]

The Supreme Court adjourned the hearing of the Punjab polls review petition after being caught off guard by the AGP arguing that a new law passed has enlarged the scope of review petitions against judgments.

Attorney General of Pakistan (AGP) Mansoor Awan told the Supreme Court (SC) that the new act had been notified under Article 184 (3) of the Constitution.

In view of the new law that was signed by President Arif Alvi on Friday, a larger bench will hear review petitions.

AG Awan informed the court of the development as a three-member bench headed by CJ Bandial comprising Justice Ijazul Ahsan and Justice Munib Akhtar was hearing the ECP's review petition against the bench’s April 4 order. The same three-judge bench had on April 4 ordered the ECP to hold elections in Punjab on May 14.

Notably, the federal government and the apex court have been at loggerheads over the provision of polls in Punjab and Khyber Pakhtunkhwa for months. During previous proceedings, the government had contended that the bench’s order encroached on the autonomy of the ECP.

Meanwhile, the three-member bench had said that the ECP's review petition would be heard with an open mind and that the government’s “past” will not be used against it.

However, under the new law, the review will now be heard by a larger bench.

The National Assembly on Friday passed the “Supreme Court (Review of Judgements and Orders) Bill, 2023” aimed at giving the right of appeal under Article 184 of the constitution – a right which was not available in the past.

The bill states that a review petition may be filed within 60 days of the passing of the original order.

 

[saeedhk]

^This bill is specifically made law for Nawaz Sharif. He will not file an appeal and the SC will reverse his disqualification. Long live democracy!

 

[daytrader]

Govt should’ve consulted AGP before enacting SC laws, says CJP

Chief Justice of Pakistan (CJP) Umar Ata Bandial on Friday observed that laws like the Supreme Court (Review of Judgements and Orders) Act, 2023, which expands the scope of a review petition, should have been enacted after taking advice from people like the attorney general for Pakistan (AGP), who have experience with litigation.

He said the apex court would welcome any remedy provided in respect of its orders or judgements given under Article 184(3), which allows the Supreme Court to assume jurisdiction in matters of public importance, but added that “we expect that such laws should be formulated carefully”.

The CJP has been heading a three-member bench that has taken up a set of challenges to the PDM government’s Supreme Court (Review of Judgements and Orders) Act of 2023, along with a review petition filed by the Election Commission of Pakistan (ECP) against the court’s April 4 verdict fixing May 14 as the date for holding elections to the dissolved Punjab Assembly.

“The real point to understand,” the CJP highlighted, “is whether the concept of review can be merged with that of appeal.”

“New grounds can be added while filing a review petition against a judgement or orders of the Supreme Court issued in exercise of Article 184(3) of the Constitution, but the re-hearing of a case from the start [as in the case of an appeal] would be against fundamental principles; rather, antithetical [to them],” the CJP emphasised.

AGP Mansoor Usman Awan, who has been defending the new law, argued that the court of last resort should not apply any limitation on the re-hearing of a case initiated under Article 184(3). “This is necessary,” he said, “because the apex court [in suo motu proceedings] becomes the court of first instance and facilities like the intra-court appeal, available against high court judgments under Article 199, and subsequent appeals before the apex court, available under Article 185, are not provided to the litigant.”

“[Currently] under Article 184(3), the Supreme Court is the court of first instance as well as the court of last resort, since there is no appeal available against the orders of the court,” the AGP emphasised.

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https://www.dawn.com/news/1760144/govt-shouldve-consulted-agp-before-enacting-sc-laws-says-cjp

 

[saeedhk]

Parliament passes bill limiting disqualification length to 5 years.

This paves the way for Nawaz Sharif to contest the upcoming elections. This is democrazy!

In another move, the senate passes bill giving the right to announce poll date to ECP.

The above will ensure that the SC has no longest the authority to announce poll date if 90 days have elapsed.

 

[MenInG]

The Supreme Court (SC) reserved the verdict on pleas challenging the Supreme Court (Review of Judgments and Orders) Act 2023 after arguments were completed from both sides.The Supreme Court (SC) reserved the verdict on pleas challenging the Supreme Court (Review of Judgments and Orders) Act 2023 after arguments were completed from both sides.