North Waziristan Member National Assembly Mohsin Dawar’s amendment to the unanimously-passed National Assembly bill limiting the chief justice of Pakistan’s power to take a suo motu notice will provide the right to appeal to those convicted under such cases, including former prime ministers Nawaz Sharif and Yusuf Raza Gilani.
While presenting the amendment, Dawar said this would give the affectees of Karachi’s Nasla Tower the right to appeal.
On suo motu notice taken under Article 184 (3) of the constitution in 2021, the Supreme Court had ordered the demolition of the Nasla Tower situated on the main Shahrah-e-Faisal in Karachi with at least 43 apartments that were occupied by residents who were living there for several years.
If the bill is passed today by Senate and approved by the president, it will also pave the way for many political leaders to contest verdicts in the cases against them under Article 184 (3) of the constitution. Former prime minister Nawaz Sharif, who was disqualified under Article 62(F) of the Constitution in 2017, former prime minister belonging to Pakistan People’s Party (PPP) Yusuf Raza Gilani, estranged Pakistan Tehreek-e-Insaf (PTI) leader Jehangir Khan Tareen could file an appeal against their disqualification verdicts “within 30 days of the commencement of this Act”.
The NA passed the Supreme Court (Practice and Procedure) Bill, 2023, that limits the discretionary powers of the chief justice of Pakistan (CJP) to take suo motu notice under Article 184(3) of the Constitution yesterday.
PML-N MNA Bashir Mehmood Virk presented the bill while North Waziristan MNA Mohsin Dawar presented the amendment to the bill.
Social media users lauded the bill.
Legal analyst Reema Omer said the changes proposed by the bill are “particularly significant”.
She also dismissed the claims that the bill is an “attack on the independence of the judiciary”.
Please read the Supreme Court (Practice and Procedure) Bill, 2023 for yourself and see if it really is an assault on judicial independence as some people are claiming?
Three changes proposed by the bill are particularly significant: pic.twitter.com/p4F6dcpOKZ
— Reema Omer (@reema_omer) March 29, 2023
Reema Omer elaborated on the three important aspects of the bill.
She said according to the bill a committee comprising the CJP and two senior-most judges of the SC will constitute benches to hear all matters before the Supreme Court and the committee will make decisions by majority.
The same committee will also decide whether SC should exercise its original jurisdiction under Art 184(3) and such cases will be heard by a bench comprising a minimum of three judges.
Another social media user said that all bars have been demanding these much-needed amendments for at least a decade now.
These are excellent and much needed amendments and something all bars have been demanding for at least a decade. Everyone should stand behind them. https://t.co/zfJjItEyL1
— Salahuddin Ahmed (@SalAhmedPK) March 28, 2023
