The federal government has sought the formation of a full court for hearing the petitions against the Supreme Court (Practice and Procedure) Act 2023, a private TV channel reported. A miscellaneous petition was filed before the Supreme Court to constitute a full court. The petition stated that a case regarding the legislative power of parliament was before the apex court, as well as the issue of the independence of the judiciary. It is also an issue of the constitutional aspect of division of powers of institutions, the plea maintained, adding that the petitions against the law are an important constitutional matter. It referred to the past practice of formation of a full court for hearing such cases of constitutional nature. This case also raises several questions of constitutional nature, the petition says, adding the objective of the full court plea is not to get any particular judge included in the bench. The federal government has confidence in all the Supreme Court judges, it added. Meanwhile, the federal government also submitted an eight-page response in the Supreme Court to the petitions against the judicial reforms law.
The federal government has requested the Supreme Court to reject the petitions against the law, maintaining that the applications are an attempt to obstruct the course of justice.
There are ill intentions of the petitioners behind challenging the law, the government response says, adding there are no restrictions on the legislative powers of parliament. The concept of Master of Roster has no legal protection, as per the government stance, adding the law regulates the powers of the chief justice granted under Article 184(3) of the Constitution.
The proposed law does not regulate the powers of the judiciary, it further says, adding the law gives the right to appeal in cases under Article 184(3). Article 10 of the Constitution gives the right to a fair trial, the federal government’s response says. It further says Article 184(3) gives a very limited right to of review, while the right to appeal is essential for a fair trial.
