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Home Opinion & Editorial Editorial

SC-Parliament row

Editorial by Editorial
May 9, 2023

There is no other country in the world where you can observe the type of conflict amongst state institutions that exists in Pakistan, where the Supreme Court, the Army Chief, and the Prime Minister have all come in for harsh public criticism.

The Supreme Court doesn’t interfere in the parliamentary proceedings, nor does the PM criticize the apex court in the civilized countries. By the same token, the army chief neither discusses economic issues nor assigns the role of foreign minister to himself. Our country has several of these venerable customs.

This is the Islamic Republic of Pakistan where the Supreme Court ordered the Attorney General to provide the records of the proceedings of the Parliamentary and Standing Committee during the hearing of the petitions against the Supreme Court Practice and Procedure Bill.

Interestingly, several federal ministers and lawmakers have already balked at giving the Supreme Court access to the record of their chamber’s sessions, which leaves the public and members of the media wondering what the legislature is trying to keep from the court.

The 8-member bench of judges, headed by Chief Justice Omar Ata Bandial, is hearing the above-mentioned petition. Attorney General Mansoor Awan and Fawad Chaudhry on behalf of PTI also appeared before the Supreme Court to express their positions.

The Supreme Court has declined to convene a full court bench to hear the petition challenging the Supreme Court Practice and Procedure Bill, as requested by the government.

Many unusual instances are brought before the court for the first time, and any SC bench can consider the petition, according to Justice Ayesha Malik. She queries whether the government perceives any benefits from the Full Court Bench.

Justice Ayesha Malik questioned the government’s desire for SC internal affairs to be made public. She asserted that every case is significant and that not every one of them requires the formation of a full court bench. She emphasized that the full bench did not hear the independent judiciary case.

The Supreme Court Practice and Procedure, which can be seen as unique in Prime Minister Shahbaz Sharif’s government, is a move by parliament to curtail the authority of Chief Justice of Pakistan Umar Atta Bandial.

Instead of engaging in conflict, it is essential that the state’s two pillars—the legislative and the judiciary—remain in their respective spheres and concentrate on their respective responsibilities, which for the Supreme Court include ensuring that the general populace is given access to justice and for government to improve the economy and governance.

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