ISLAMABAD: March 29, 2023. The Supreme Court of Pakistan (SCP) is facing serious question over its decision of March 1, 2023 as confusion prevail as if the decision in question was of 4 / 3 or 3 /2 in the case of holding elections in Punjab and Khyber Pukhtunkhaw (KPK) .
A SCP bench head by chief justice Umar Atta Bandial had issued the order in question with 3/2 and ordered the president to issue date for general elections in two provinces where Pakistan Tehreek e Insaf (PTI) had dissolved the assemblies a few month ago.
The president had directed the Governors of these two provinces to give dates for holding general elections in their respective provinces.
The behavior of top judge in this case had created serious doubts shaking his independent opinion in the case. This had led to confusion among the government ranks . The government doubted very much intention of top judge in the case. The ministers of Shahbaz government wanted from CJP to give reason to take suo moto in the case on the proposal of his two colleagues judges who were already under the government’s radar for their alleged patrician behavior.
SCP, however, overruled the government reservations over the matter and decided to go ahead. Seeking extraordinary interest of CJP and two other judges of the supreme court of Pakistan , the government finally rushed last day to get nod of the federal cabinet and table the bill for reforms in top judiciary in the national assembly.
The national assembly had debated the bill on Tuesday and referred to the standing committee on Law and Justice. The committee had endorsed the bill and resent it to the national assembly today (Wednesday).
The bill will now be presented to the senate for its passage and then referred to the president for his endorsement. There is great possibility that the president will not sign the bill and then the government will table it in the joint sitting to get it stamped and finally translate it into an Act.
The Act once passed and coming into force will end the CJP powers to take suo moto in any case . This power under the new law will rest on a committee of three judges –CJP and two other senior most judges of SCP.
After approval of the bill, the powers to constitute the benches of SCP will also rest with three member committee of SCP comprising CJP and two other senior most judges.
As SCP was hearing the case of delay in the case of holding elections in the Punjab and KPK, Law minister , Nazeer Tarar, raised a serious question mark in the parliament over the credibility of top judge of SCP. He addressed the national assembly and said the bill for reforms in top judiciary was inevitable as CJP was calling suo moto on issues of his choice. He also claimed that CJP was picking up the same two or three judges for each case of national importance . The Law minister said the new bill will put an end to a one man show in SCP.
PPP chairperson, Bilawal Bhutto, also addressed the national assembly and asked the prime minister to file a case of subversion of constitution against president Alvi, former prime minister , Imran Khan and former speaker , Asad Qaisar.
