Parliament can’t be stopped from legislation: Kaira

Islamabad: Advisor to the Prime Minister on Kashmir Affairs and Gilgit-Baltistan Qamar Zaman Kaira on Thursday said that nobody could prevent the parliament from using its authority and incumbent government would not compromise or accept it.

“Do you want to prevent the parliament from using its authority? We will not accept it and not compromise on it,” Kaira emphasised.

Addressing a press conference here, he said that the Supreme Court (Practice and Procedure) Bill, 2023 is with the parliament and hasn’t been signed by the president yet but the Supreme Court has taken up the pleas against it.

The ruling alliance on Thursday rejected the eight-member bench constituted to hear petitions challenging the Supreme Court (Practice and Procedure) Bill 2023, deepening the rifts between the coalition government and the superior judiciary.

The coalition partners vowed to resist attempts to take away parliament’s authority and to interfere in its constitutional scope.

Earlier this week, the bill was passed by a joint sitting of parliament after President Dr Arif Alvi returned it. Subsequently, four separate petitions were filed by Raja Amer Khan, Chaudhry Ghulam Hussain, Mohammad Shafay Munir, and Khwaja Tariq Rahim among others, under Article 184(3) of the Constitution, asking the top court to set aside the bill.

Shedding light on the constitution of the bench, the PPP leader said that the parties do not agree with this method.

He said that the rifts among institutions are leading the country towards a bad situation. “We only want the benches to be constituted in a balanced and proper manner,” he added.

The Supreme Court (Practice and Procedure) Bill, 2023 aims to give the power of taking suo motu notice to a three-member committee comprising senior judges, including the chief justice. It also aims to have transparent proceedings in the apex court and includes the right to appeal.

Regarding the formation of benches, the bill states that every cause, matter or appeal before the apex court would be heard and disposed of by a bench constituted by a committee comprising the CJP and the two senior-most judges. It added that the decisions of the committee would be taken by a majority.

Regarding the apex court’s original jurisdiction, the bill said that any matter invoking the use of Article 184(3) would first be placed before the committee.

The bill says that if the committee is of the view that a question of public importance with reference to the 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 SC which may also include the members of the committee, for adjudication of the matter.