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Har Pakistani Ki Khabar

AGP is required to submit the record of the NA proceedings regarding the SC bill by tomorrow.

The Supreme Court (SC) on Monday directed the Attorney General for Pakistan (AGP) Usman Mansoor Awan to submit the record of National Assembly’s proceedings on the judicial reforms by tomorrow (Tuesday).

The instruction came today during a hearing of the pleas opposing the Supreme Court (Practise and Procedure) Bill 2023, which was heard by an eight-member larger bench.

The appeals were being heard by an eight-member larger bench of the supreme court, which was presided over by Chief Justice of Pakistan (CJP) Umar Ata Bandial and included Justices Ijaz ul Ahsan, Munib Akhtar, Sayyed Mazahar Ali Akbar Naqvi, Muhammad Ali Mazhar, Ayesha A. Malik, Syed Hasan Azhar Rizvi, and Shahid Waheed.

The attorney general requested that the stay order prohibiting implementation of the bill, which the supreme court had approved on April 13, be withdrawn at the prior hearing, but CJP Bandial refused.

Today’s Hearing:

Attorney General of Pakistan (AGP) Mansoor Usman asked the bench to assemble a full court at the beginning of the hearing.

Salahuddin Ahmed, the PML-N’s attorney, revealed to the court during the proceedings that the party had also submitted a comparable plea.

Justice Ahsan noted that the PML-N’s petition had not yet received a registration number at this point.

CJP Bandial inquired from AGP Usman if he had submitted the record of the National Assembly’s proceedings which the court had sought at the last hearing.

Regarding the query, the AGP said that they expected the records to be received by tomorrow (Tuesday). He informed the court that they had contacted the National Assembly Speaker’s office in this regard.

AGP Awan argued that the court had declared that the basic structure of the Constitution was present. The judicial reform law involves the matter of the formation of benches and appeals, he said.

The bill also gives the right to change the lawyer, he added.

He further stated that the matters decided in the bill were of administrative nature and the Supreme Court (Practice and Procedures) Act, 2023, could be amended by a full court.

He said that cases related to the independence of the judiciary and rules should also be heard by a full court.

Moreover, the law will also apply directly to judges who are not hearing the case.

At this, Justice Ahsan remarked that the question was not about the amendments, but whether there were such legislative powers or not.

Meanwhile, Justice Naqvi inquired if there had been any legislation like the bill in question in the past.

At this, the AGP maintained that the president’s permission was required to make the rules until 1973.

Responding to this, Justice Naqvi objected that how can such a legislation be done in the presence of Article 191 of the Constitution.

Meanwhile, Justice Mazhar remarked that the government’s plea had stated that this case was the “first case of its kind”.

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