ISLAMABAD - The Supreme Court (Practice and Procedure) Bill, 2023 was challenged before the Supreme Court Tuesday praying to declare the ‘impugned’ bill as ultra vires and unconstitutional and of no legal effect. Advocate Muhammad Shafay Munir filed a constitutional petition under Article 184(3) to “safeguard the Constitution and independence of [the] judiciary”. Meanwhile, another lawyer Saeed Aftab Khokhar Advocate also submitted a petition in the Islamabad High Court (IHC) challenging this bill. The joint sitting of Parliament on April 10 had passed the Supreme Court (Practice and Procedure) Bill, 2023, with amendments days after President Dr Arif Alvi returned the bill seeking to curtail the chief justice of Pakistan’s powers to initiate suo motu and constitute benches amid protest by the Pakistan Tehreek-e-Insaf senators. The petition stated that during the proceedings of the Supreme Court’s suo motu hearing regarding the delay in Punjab polls, “the federal govt along with [the] PDM (Pakistan Democratic Movement) started a vicious campaign in [the] general public and media to undermine the reputation and credibility of [the] judges” of the SC, “especially” the CJP. It stated that the bill was presented to the president for his assent but was sent for reconsideration by Alvi because it “was against the above-said Constitutional provisions”. The Petitioner argued, “Again, without taking into consideration and discussions on the objections by the president on [the] bill in question, the Parliament again in a hurry and without adopting the due course of law, beyond [the] powers of the Parliament, passed the bill on April 10 in a joint session”.
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