Article 184(3) of Constitution: CJP hails govt’s plan to review, harmonise laws

ISLAMABAD: Chief Justice Umar Ata Bandial appreciated the government’s plan to review and harmonise the laws enacted to enlarge the scope of review of cases decided under Article 184(3) of the Constitution.

The federal government enacted Supreme Court (Practice and Procedure) Act, 2023, in April but when an eight-judge bench halted its operation then the federation with the consent of the President promulgated the Supreme Court (Review of Judgment and Order) Act 2023 on May 27.

An eight-member bench, headed by the chief justice, and comprising Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Sayyed Mazahar Ali Akbar Naqvi, Justice Muhammad Ali Mazhar, Justice Ayesha A Malik, Justice Syed Hassan Azhar Rizvi, and Justice Shahid Waheed, on Thursday, heard the petitions against the Supreme Court (Practice and Procedure) Bill, 2023.

Senior journalists, Chaudhry Ghulam Hussain and Samiullah Abraham, and the advocates, Raja Amer Khan, Malik Amir Abdullah and Muhammad Shafay Munir have filed petitions under Article 184(3) of the Constitution to set aside the Act 2023.

At the onset of the proceeding, Attorney General for Pakistan Mansoor Usman Awan apprised that some of the provisions of the two statutes are overlapping, therefore, the government is reviewing both statutes for reconciliation and harmonisation.

The chief justice said if we can identify the scope of controversy then let us focus on the proceeding. He asked the attorney general that neither you nor Salahuddin Ahmed (PML-N lawyer) argued that.

The chief justice said they are glad that the government has a plan to review the law and to remove the overlapping. He said on the law and other matters you can consult the Supreme Court as you are dealing with the management of the Supreme Court. If the Parliament wants consultation, then it would resolve the dispute.

The attorney general said for harmonisation of the laws, the Supreme Court will be consulted. Other than the legislations, advice will also be sought on other matters, he added.

The chief justice welcomed the suggestion, saying the statement is welcomed that there is a willingness on the part of the government to reconsider the law.

Justice Mazhar asked the attorney general whether the government wanted to harmonise and reconcile both the Acts for every cause, appeal or the matter or the fixation is only for the cases under Article 184(3) of the constitution.

The attorney general requested the chief justice to refer the matter to the Parliament. However, Justice Bandial said they will not do that. “We would welcome what the Parliament has to offer. Discuss the matter and come up with the law.”

Imtiaz Siddiqui representing Chaudhary Ghulam Hussain contended that the bench had directed the government to submit the proceeding of the National Assembly but has not been provided. The chief justice said: “We are not directing anything,” adding; “though the government has declined, but that is available on the National Assembly website. We will use that.” The CJP further said; “We don’t have any objection and asked the AGP to carry on with the process.”

At the end of the hearing, the chief justice wanted to dictate the order in the open court, but then said we will pass an order, and adjourned the case until next week.

The bench on April 13 had declared that the moment the Supreme Court (Practice and Procedure) Bill, 2023 receives the assent of the President or it is deemed that such assent has been given, then from that very moment onwards and till further orders, the Act that comes into being shall not have, take or be given any effect nor be acted upon in any manner.

The bench dismissed the request of the Chairman Executive Committee of the Pakistan Bar Council, Hassan Raza Pasha, to constitute a Full Court minus a judge against whom complaints of misconduct were pending in the Supreme Judicial Council.

Copyright Business Recorder, 2023