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ISLAMABAD: The federal cabinet has approved the draft of legislation seeking to curtail the discretionary powers of the Chief Justice of Pakistan, leaving the decision of any suo motu case up to the three senior-most judges of the apex court.
The legislation assures that any suo motu issue that is taken up by the Supreme Court pursuant to Article 184 (3) of the Constitution would be decided by a committee made up of the three senior-most justices of the court.
“If the committee is of the view that a question of public importance with reference to enforcement of any of the fundamental rights conferred by Chapter I of Part II of the Constitution is involved, it shall constitute a bench comprising not less than three judges of the Supreme Court of Pakistan which may also include the members of the committee, for adjudication of the matter,” the bill reads.
On appealing any verdict by an apex court bench which exercised Article 184(3)‘s jurisdiction, the bill said that the appeal will lie within 30 days of the bench’s order to a larger SC bench. It added that the appeal would be fixed for hearing within a period not exceeding 14 days.
According to media reports the government is expected to present the bill in the Parliament soon.
The development comes amid a growing debate in the country over the discretionary powers of the Chief Justice of Pakistan to constitute benches, ‘fix’ cases, and initiate public interest proceedings under Article 184 (3) of the Constitution.
