Govt wants to secure law clipping CJ's wings.
ISLAMABAD -- The federal government wants to 'secure' the Supreme Court (Practice and Procedure) Act, 2023. That is why Attorney General for Pakistan (AGP) Mansoor Awan on Thursday requested the apex court to adjourn hearing of petitions filed against the piece of legislation that seeks to regularize the chief justice of Pakistan's (CJP) discretionary powers to form benches and fix cases.
The AGP told an eight-member bench that some provisions of the Supreme Court (Practice and Procedure) Act, 2023 and the Supreme Court (Review of Judgements and Orders) Act, 2023 are overlapping and there is need to harmonize them.
Some senior lawyers believe that drafts of both the laws were framed in haste and therefore there are some lacunas in both the laws. A member of the federal cabinet also admitted that the government wants to 'secure' the legislation, regularizing the CJP's discretionary powers.
He said although the law related to widening the scope of review- the Supreme Court (Review of Judgements and Orders) Act, 2023-is in the field, it does not serve the purpose.
'Under this law, only a larger bench will be formed to hear a review and there is no restriction on the members of the original bench to hear the review petition against a judgment, given in exercise of jurisdiction under Article 184 (3) of Constitution.
'On the other hand, the SC (Practice and Procedure) Act, 2023 provides right of appeal against judgments given under Article 184 (3) of Constitution. These appeals will also be listed before a different bench,' he added.
He said both former prime minister Nawaz Sharif and Pakistan Tehreek-e-Insaf (PTI) former secretary general Jahangir Tareen could not file a review against their disqualification for life as lawmakers under Article 62 (1) (f).
The cabinet member said the government will have no issue if the court keeps the law suspended till retirement of CJP Bandial. Justice...
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