ISLAMABAD: Three significant measures are anticipated to be passed by the National Assembly during its current session, which resumes today (Monday). These include two laws pertaining to the Supreme Court and another that deals with the up to three-month preventative detention of terror suspects.
One of the three legislation that the lower house of parliament is anticipated to enact during its current session is the much-discussed revisions to the Supreme Court (Practice and Procedure) Act.
According to a source who spoke to Dawn on Sunday, National Assembly Speaker Sardar Ayaz Sadiq has been ordered to remain in Australia until the laws are passed. Sadiq was originally slated to attend the 67th Commonwealth Parliamentary Conference, which is being held there from November 3 to November 8.
Regarding the process of bench creation, one of the primary features of the SC Practice and Procedure Amendment Bill is allegedly a continuation of the recently enacted 26th constitutional amendment, which “clipped powers” of the court.
It is anticipated that the new measure will grant Chief Justice Yahya Khan Afridi, who is currently in office, full ability to choose any judge to serve on the bench.
The strength of judges in the highest court is the subject of another bill.
Regarding terrorism, the third measure would provide the army and civil armed forces the authority to detain and arrest anyone suspected of being involved in terrorism for a maximum of three months.
Some MNAs who were contacted expressed confidence that the three significant proposals will pass the assembly this session with a simple majority.
Oddly, when the terrorism-related laws were introduced in the lower house of parliament on Friday, the opposition had not objected. It is now anticipated that they will be able to register their objection in the house when these legislation are passed.
The schedule for Monday
The NA’s Monday agenda states that the house will be presented with an ordinance pertaining to the Supreme Court (Practice & Procedure) Bill. The Senate had already received the ordinance on Friday.
President Asif Ali Zardari issued the contentious decree in September, which gave Pakistan’s top judge a major say in how benches are formed.
Under the SC (Practice & Procedure) Act, 2023, the ordinance modifies the makeup of the committee that establishes benches and resolves cases. The CJP, the next most senior judge, and a judge chosen by the CJP now make up the three-member committee, which was initially composed of the chief justice and two of the court’s senior judges.
The way cases are handled under Section 184(3) of the Constitution is another important change.
Before a case is taken up by the court, the ordinance requires that the reasons why it is deemed a matter of public concern be documented.
Additionally, the ordinance removes the SC’s authority to hear a case out of turn.
Law Minister Azam Nazeer Tarar, who is designated as the minister who would lay the ordinance in the lower house, is involved in a variety of issues that are included in the day’s orders.
Sehar Kamran tried to draw Mr. Tarar’s attention to Pakistan’s declining standing in the Rule of Law index by putting out a calling attention notice.
Legislation that is not on the agenda can also be moved by adding it to a supplemental agenda, which might be released at any point today (Monday), in accordance with past practice.
The quantity of SC judges
On Friday, a Senate panel decided to expand the number of SC judges from 17 to 25, despite resistance from the PTI and JUI-F.
Farooq H. Naek chaired a meeting of the Senate Standing Committee on Law and Justice when the bill, which was introduced by Senator Abdul Qadir, was extensively debated. The house was presented with a bill that would have increased the number of judges from 17 to 20.
Another big step was taken on Friday when the administration discreetly submitted a key measure in the NA that would allow the military and civil armed forces to hold people accused of terrorism in “preventive detention” for up to three months.
In the final moments of a sparsely attended session, Law Minister Azam Nazeer Tarar tabled the bill, which proposes amendments to the Anti-Terrorism Act (ATA) 1997, without outlining its key features. Deputy Speaker Syed Ghulam Mustafa Shah then immediately referred the bill to the relevant committee for consideration.
The measure also calls for the creation of investigative teams (JITs) made up of representatives from several law enforcement and intelligence organizations.
