The Chief Justice Umar Ata Bandial on Tuesday emphasized that every institution is required to abide by the ruling of the highest court as hearings for appeals against the legislation governing the judiciary’s powers commenced.
The chief judge stated during the hearing that “every institution is required to implement the orders of the Supreme Court.” A court headed by CJP Bandial was hearing petitions that contested the Supreme Court (Practice and Procedure) Act 2023.
Each Institution Is Bound To Implement SC’s Orders, CJP
“The decision of the Supreme Court judges is the decision of the court. Every institution is bound to implement the Supreme Court’s orders,” the CJP added.
CJP Bandial emphasized once more the importance of following any orders made by Supreme Court judges.
On April 21, the National Assembly notified the Supreme Court (Practice and Procedure) Bill 2023 that it had become an act.
The Supreme Court’s eight-member bench, presided over by Chief Justice Umar Ata Bandial, stopped the bill’s execution.
An eight-member larger bench of the supreme court, led by Chief Justice of Pakistan (CJP) Umar Ata Bandial, heard the petitions. This bench is made up of Justices Ijaz ul Ahsan, Munib Akhtar, Sayyed Mazahar Ali Akbar Naqvi, Muhammad Ali Mazhar, Ayesha A Malik, Syed Hasan Azhar Rizvi, and Shahid Waheed.
Attorney General for Pakistan (AGP) Mansoor Usman Awan mentioned that certain parties in the case would like to address the bench via video link at the beginning of the hearing, and CJP Bandial responded that the bench will hear everyone.
The senior judge noted that the case is “one of a kind” and has brought up significant issues, such as the independence of the court.
“Our order of stay from the prior hearing is in effect. The law pertaining to Supreme Court regulations is very clear,” according to CJP Bandial.
CJP Bandial added that the court system has “reservations” regarding the bill.
The chief justice stated that “democracy is an important part of the Constitution, along with an independent judiciary and the federation,” and he questioned if the judiciary’s component could be amended.
The top justice emphasized that the judiciary’s independence is a “fundamental right” and institutions must understand this.
The judicial reform bill, according to Pakistan Tehreek-e-Insaf (PTI) attorney Khawaja Tariq Rahim, is now a part of the legislation.
The court requested a copy of the record of the Parliament’s standing committee on judicial reforms debate on this issue.
Senior judges were sought to be added to the bench by the chairman of the Pakistan Bar Council’s (PBC) Executive Committee.
The PBC reported that Justice Mazahar Ali Naqvi, a member of the bench, had received more than six references.
The court, however, denied PBC’s plea that the entire court be constituted and that Justice Naqvi be excluded.
Additionally, the Supreme Court denied the AGP’s request to revoke its stay order until April 13.
“A reference made against a judge has no legal significance. It has no significance until the reference is scheduled for hearing,” according to Justice Bandial, who also noted that a bench presided over by former Chief Justice Iftikhar Muhammad Chaudhry had ruled on the matter.
The nation’s highest judge said, “Political Institution and parties has tainted the judicial process.” According to him, the federal list of legislative authorities also has some restrictions and limitations.
Notices issued
Notice of the plea was given to the Pakistan Bar Council, Supreme Court Bar Association, and Attorney General of Pakistan (AGP).
Nine political Institution and parties, including Pakistan Muslim League Nawaz (PML-N), Pakistan Peoples Party (PPP), and Pakistan Tehreek-e-Insaf (PTI), have also received notices from the nation’s highest court.
The top court halted the law’s execution on April 13 during the final hearing of the case, stating that if the president gave his consent, the measure would not be acted upon in any way until further order.
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