SC Practice and Procedure Act: AGP says Parliament has right to legislate

SC Practice and Procedure Act: AGP says Parliament has right to legislate

The Supreme Court of Pakistan on Wednesday resumed the hearing of petitions challenging the SC (Practice and Procedure) Act, ARY News reported.

The full court bench, led by Chief Justice Qazi Faez Isa and consisting 15 judges is hearing the petitions. The hearing is being broadcast live on state-run PTV, allowing the nation to witness the proceedings and the arguments presented by the lawyers.

Attorney General of Pakistan (AGP) Mansoor Usman Awan is presenting his arguments before the court as all the petitioners, including the political parties, have completed their arguments.

Opposing the petitions, the AGP said Article 191 of the Constitution of Pakistan, allows the Parliament to legislate. The SC (Practice and Procedure) Act is not meant to snub the independence of the judiciary.

No article can take back the right to legislate from the Parliament, he added.

Read more: CJP Isa fines lawyer for incomplete documents in tax case

“The fundamental rights enshrined in Articles 14, 20, 22 and 28 are exercised in accordance with the law,” Awan said, addressing judges of the apex court.

At the previous hearing, Chief Justice Isa obs­e­rved that Parliament must not be hampered from doing something good merely because it lacks two-thirds majority.

The law

The legislation limits the powers of the Chief Justice of Pakistan to take suo motu notice and to constitute benches on his own. It gives the power of taking suo motu notice to a three-member committee comprising the chief justice and two senior most judges of the court.

SC practice and Procedure Act also aims to have transparent proceedings in the apex court and includes the right to appeal.

The PDM government had on April 10 passed the bill in the joint session of parliament after President Arif Alvi had returned the bill.

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