Ruling Coalition's Attempt to Influence Supreme Court's CJP Powers Bill Hearing Raises Questions on Judicial Independence

On Thursday, leaders of the ruling coalition denounced the formation of a bench in the Supreme Court that is currently hearing pleas against pending legislation aimed at curtailing the powers of the chief justice of Pakistan. They called for the bench's dissolution in light of the ongoing legislative process, describing the move as "premature." Prior to their appearance at a press conference, the ruling coalition released a joint statement condemning the composition of the bench, citing similar concerns raised in previous cases and urging the apex court to reconsider its decision.

An eight-judge Supreme Court bench, led by the chief justice, is hearing three petitions challenging the Supreme Court (Practice and Procedure) Bill 2023, which seeks to strip the office of the CJP of the power to take suo motu notice in an individual capacity. The bill was passed by parliament and sent to the president for his assent but was returned for being "beyond the competence of parliament." It was later passed by a joint sitting of parliament with certain amendments on Monday, amidst a noisy protest from PTI lawmakers.

In a press conference, the ruling coalition leaders put up a united front against the bench, alleging defiance of legal principles. Law Minister Azam Nazir Tarar insisted that a "selective bench" had been formed in disregard of the rules and expressed concern about the lack of representation from Khyber Pakhtunkhwa and Balochistan among the judges on the bench. He called for the dissolution of the bench and emphasised that parliament was not taking on any institution in the current situation.

PPP leader Qamar Zaman Kaira expressed his surprise that the matter had been taken up by the court even though the president had not given his final opinion on the bill. He urged the chief justice to dissolve the bench, emphasising that the ruling parties would not tolerate its existence. ANP's Iftikhar Hussain cast aspersions on the formation of the Supreme Court bench and the subsequent return of the bill by the president.

Another ruling coalition leader said the Supreme Court should avoid taking on the characteristics of a political party and instead focus on preserving its reputation. While the other leaders clarified that their demands were not intended as an intervention in the chief justice's powers, they emphasised the need to maintain a balance.