Supreme Court of Pakistan Chief Justice Calls for Consultation with Judiciary on Legislation


During the hearing of the petitions against the Supreme Court Practice and Procedure Act, the Chief Justice of Pakistan, Umar Atta Bandyal, emphasized the need for the government to consult the Supreme Court regarding the legislation of the judiciary. Chief Justice Bandyal made these remarks while presiding over an 8-member larger bench that included Justice Ijazul Ahsan, Justice Muneeb Akhtar, Justice Shahid Waheed, Justice Mazahir Ali Akbar Naqvi, Justice Hasan Azhar Rizvi, Justice Ayesha Malik, and Justice Muhammad Ali Mazhar.

At one point during the hearing, Chief Justice Bandyal addressed Attorney General of Pakistan Mansoor Usman Awan, asking if he had any comments to make. In response, Attorney General Awan argued that there were two laws at hand: the Supreme Court Review of Order and Judgment Act and the Supreme Court Practice and Procedure Act. He pointed out that the latter was more extensive and dealt with internal affairs of the Supreme Court. Awan suggested that a decision should be made regarding which of the two acts should be relied upon.

Expressing his views, Chief Justice Bandyal stated that he could request Parliament to consider harmonizing the two laws. He welcomed the proposal and expressed his satisfaction with the fact that the government was amending laws in line with the Parliament. He stressed the importance of consulting the Supreme Court regarding legislation related to the judiciary.

Justice Muhammad Ali Mazhar noted that if the laws were indeed similar, the petitions could potentially be resolved without a full court hearing, as it would be a waste of time. The Attorney General suggested that the matter be referred to Parliament for resolution.

However, Chief Justice Bandyal decided against sending the matter to Parliament, stating that any suggestions from the Parliament and the government would be duly considered. He directed the Attorney General to consult with the government and report back.

The counsel for the petitioner informed the court that they had requested the involvement of Parliament in this matter. Chief Justice Bandyal mentioned that although the Parliament had reportedly refused to provide the proceedings to the court, they had obtained the necessary information from the Parliament's website. The case was adjourned until the following week.

As the hearing concluded, the Attorney General commented on the pleasant weather, expressing his hope that everyone would enjoy it. Chief Justice Bandyal pointed out that Section 4 of the Review of Order Act was similar to Section 6, and the review procedures in both laws were also comparable. He expressed his intention to avoid making a decision at this stage and instead suggested that the matter be sent to Parliament for a resolution. He proposed that conflicting legislation be addressed through the formulation of new laws, either through mutual consultation or through the separate actions of the Court and the Parliament.

Referring to a previous statement, Chief Justice Bandyal made a remark regarding "Good to Cu" but decided against repeating it, given the presence of the lawyers in the courtroom.

The Chief Justice of Pakistan adjourned the hearing until the following week and assured that the order for the day's hearing would be issued accordingly.

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