Abdul Hadi Mayar Islamabad
Power corridors in the federal capital are resounding with speculations for a serious legislative business as President Asif Ali Zardari, under Article 54 (A) of the Constitution, summoned today the National Assembly session to be held on Tuesday (July 30) evening.
“Important legislation is being contemplated for the session in the backdrop of recent court decisions and the prevailing political uncertainty,” a source envy to measures under consideration of the ruling coalition confided.
While the government has kept its cards vis-à-vis the recent Supreme Court decision in the special seats’ case, which massively benefited Pakistan Tehrik-e-Insaaf, close to its chest, there are along the Constitution Avenue that the upcoming session will witness hectic debate with regard to the apex court decisions.
“The lower house is very much likely to pass a resolution or even an amendment to ensure supremacy of the Legislature and protect its right to legislate,” the source disclosed.
The July 12 verdict of the apex court had stirred the power circles prompting Nawaz Sharif, President of Pakistan Muslim League-N, to take some major step about the fate of Shahbaz Sharif government. Consequently, days of hectic discussions ensued in Murree, where both the Prime Minister and Punjab Chief Minister Maryam Nawaz had rallied around the senior Sharif.
Reports also came that the PML-N leadership had spoken of a double game on the part of the power that be, which was categorically dismissed by senior officials and ‘full support of the institutions was assured to the government and the parliament in upholding the Constitution.’
There were reports earlier this week that the government was working on a plan to further amend the Supreme Court (Practice and Procedure) Act, 2023, which read: ‘every cause, appeal or matter before the Supreme court shall be heard and disposed of by a bench constituted by a committee comprising the Chief Justice of Pakistan and two most senior judges in order of seniority.’
In fact, the amendment made by the previous PDM government, aimed to clip wings of the former chief justice, Umat Atta Bandial, turned into a nuisance for itself after the elevation of Qazi Faez Isa as Chief Justice; both the Senior puisne judge Justice Mansoor Ali Shah and Justice Muneeb Akhtar are not fully trusted by the government and they say it has been proved in recent weeks.
When the PML-N filed a review petition in the apex court against its verdict in the Special Seats petition, both Justice Shah and Justice Akhtar deferred its hearing till after the two-month court holidays. The decision is viewed by the government as an attempt to thwart its bid for a review as by the time the two-month court holidays end, the tenure of the sitting chief justice will be very close to its end and the apex court will be left at the whims of the eight dissenting judges.
If the parliament succeeds to amend the Practice and Procedure Act and fixing of and as a result the fixing of benches again becomes the sole prerogative of the Chief Justice, then under the Review of Judgment and Order Act 2023, the government’s review will be automatically turned into an appeal as the act says ‘in case of judgments and orders of the Supreme Court in exercise of its original jurisdiction under Article 184 of the Constitution, the scope of review on both facts and law shall be the same as an appeal under Article 185 of the Constitution.’
The entire spectrum pertaining to special seats case will change in such an eventuality as the Judicial Commission of Pakistan has already inducted two ad hoc judges in the Supreme Court, raising its current strength to 19, making it convenient to subvert the decision of the majority eight judges in the 13-judge full court.
