Eight member bench of Supreme Court ordered for stay against the implementation of Supreme Court Practice and procedural Bill 2023. The detailed order states as:
Prima facie the contentions raised disclose that there is a
substantial, immediate and direct interference with the independence of
the judiciary in the form of multiple intrusions, in the guise of regulating
the practice and procedure of this Court and conferring upon it a
jurisdiction that appears not to be permissible under any constitutional
provision. Such intermeddling in the functioning of the Court, even on
the most tentative assessment, will commence as soon as the Bill
becomes the Act. Accordingly, in our view an interim measure ought to
be put in place, in the nature of an anticipatory injunction. The making
of such an injunction, to prevent imminent apprehended danger that is
irreparable, is an appropriate remedy, recognized in our jurisprudence
and other jurisdictions that follow the same legal principles and laws. It
is therefore hereby directed and ordered as follows. The moment that the
Bill receives the assent of the President or (as the case may be) it is
deemed that such assent has been given, then from that very moment
onwards and till further orders, the Act that comes into being shall not
have, take or be given any effect nor be acted upon in any manner.
Further Supreme Court Summoned Attorney General for Pakistan under O. 27A CPC. Notices also to the Supreme Court Bar Association through its President and the Pakistan Bar Council through its Vice Chairman. Notices also be issued to the following political parties who may, if they so desire, appear through duly instructed counsel: Pakistan Muslim League (N) (PML (N)), Pakistan Peoples Party Parliamentarians (PPPP), Pakistan Tehreek e Insaf (PTI), Jamiat Ulema e Islam (JUI), Jamaat e Islami (JI), Awami National Party (ANP), Muttahida Qaumi Movement (MQM), Balochistan Awami Party (BAP) and Pakistan Muslim League (Q) (PML (Q)).
