Saturday September 23, 2023

PTI moves SC against law to curtail CJP powers

June 01, 2023

ISLAMABAD: Pakistan Tehreek-e-Insaf (PTI) on Wednesday requested the Supreme Court to declare as a whole ultra vires to the Constitution, the Supreme Court (Practice and Procedure) Act 2023 that aimed at curtailing the powers of the Chief Justice of Pakistan (CJP).

The PTI through its counsel Uzair Karamat Bhandari filed a concise statement in the petitions challenging the Supreme Court (Practice and Procedure) Act 2023.

It prayed the apex court to declare sections 2, 3, 4, 5, 7 and 8 of the Act as ultra vires to the Constitution and strike down the same.

It is pertinent to mention here that an eight-member bench of the apex court headed by Chief Justice Umar Ata Bandial is taking up today (Thursday) petitions challenging the Act.

The PTI submitted that the Act is beyond Parliament’s legislative competence and secondly the Act is unlawful as it impinges on the independence of judiciary which has time and again been recognised by this court as a fundamental features of the Constitution. The PTI further submitted that the Act is unlawful as it goes against the settled interpretations of various constitutional provisions by the apex court. On last hearing held on May 8, the larger bench had questioned the formation of a full court for hearing the pleas, challenging the law, curtailing the powers of CJP of suo motu jurisdiction as well as formation of benches. Both the federal government as well as PMLN had prayed the apex court to constitute a full court for the hearing the matter.