Ijaz Kakakhel Islamabad
During the ongoing tussle between parliament and the judiciary, a crucial bill regarding the right of appeal in the suo motu cases sailed through the Senate on Friday, just days after the National Assembly had adopted it via a supplementary agenda.
The Senate today passed the Supreme Court Review of Judgments and Orders Bill 2023. It aims at empowering the top court to review its verdicts, especially in the suo motu cases. The bill, moved by Senator Irfan-ul-Haque Siddiqui, aims to provide support and reinforce the powers of the Supreme Court in reviewing its judgments and orders, enabling the top court to exercise its powers more effectively and efficiently.
During the vote, 32 members of the Senate supported the bill, while 21 opposed it. The bill, titled the Supreme Court (Review of Judgements and Orders) Bill, 2023, was tabled by PML-N’s Irfan Siddiqui and was passed by a majority of 32 votes. The legislation was presented amid opposition by the PTI senators, who chanted slogans of “disrespect of courts unacceptable” and tore its copies.
Meanwhile, Leader of the Opposition Dr Shahzad Waseem said that the government was trying to hide behind the Parliament. “Stop playing with the Constitution,” he said. “Was the Parliament not supreme when the Qasim Suri’s ruling was thrown out?” he asked. “Where were these people back then?”
Slamming the coalition leaders for disrespecting the courts, Waseem Shehzad said, “Pakistan is functioning without any form of government today.” He also questioned how the budget could be passed when “there are no functioning governments in Khyber Pakhtunkhwa and Punjab”.
“These are just techniques to run away from elections,” he told the House.
The PTI senator stated that party chairman Imran Khan was appearing before courts despite being shot. “There is this prime minister before you and then there is the one who is sitting abroad today.” He then called on the government to show due respect to the judiciary. “You will have to accept and implement the Supreme Court’s order on elections no matter what,” Wasim added.
He blamed that the Election Commission of Pakistan threaten PTI leader on insult when asked about date for election. Anti-judiciary drive was in full swing on part of PDM leaders, he regretted.
Addressing the session, Minister for Law and Justice Azam Nazeer Tarar said that it is parliament’s authority is to make laws and it has never interfered with the affairs of other institutions. He further said that the Supreme Court Review of Judgments and Orders Bill 2023 will not only benefit the litigants but will also reinforce the judiciary’s powers.
The Law Minister alluded to Article 188 of the Constitution, saying it empowers the apex court subject to the provision of any Act of Majlis-e-Shoora and any rules made by the Supreme Court, to review any judgement pronounced or any order made by it. He said the latest legislation was procedural in nature. Last month, the law minister had said that previously no legislation had been made in this regard, affecting the right of appeal of the litigants, especially in cases initiated by CJP under Article 184(3) of the Constitution.
Speaking in favour of the bill, Law Minister Azam Nazir Tarar briefly said that the legislation neither disrespected the Parliament nor the courts. He explained that the bill encompassed four sections which were in line with Article 188 of the Constitution.
Responding to the points of the PTI leaders, Azam Nazeer Tarar said Foreign Minister Bilawal Bhutto Zardari has gone to India to represent Pakistan at the SCO meeting.
