Pakistan’s Senate approves bill to limit power of country’s top judge

A policeman walks past the Supreme Court building in Islamabad on January 29, 2021. (AFP/File)
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Updated 30 March 2023
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Pakistan’s Senate approves bill to limit power of country’s top judge

  • New law relates to chief justice’s use of “suo motu” provisions in Pakistani law to open cases on court’s own initiative
  • New law suggests setting up a three-member panel headed by the chief justice to take up suo motu cases

ISLAMABAD: Pakistan’s Senate on Thursday approved a bill to curtail the chief justice’s power to use “suo motu” provisions in Pakistani law that allow the court to open cases on its own initiative on issues it deems are of public interest and to denounce the failure of governments or public institutions.

The new legislation, called the Supreme Court (Practice and Procedure) Act, 2023, comes after the top court took “suo motu” notice last month of the Election Commission of Pakistan (ECP) delaying elections in Punjab and Khyber Pakhtunkhwa provinces, which account for more than half of the country’s 220 million people.

In the past, Pakistani chief justices have used the suo motu provision to launch inquiries ranging from payments to sugar cane farmers by industry owners and increases in milk prices to allegations of corruption in the running of the country’s steel mills, railways and national airline.

On Tuesday, the National Assembly passed a resolution accusing the Supreme Court of “judicial activism” and demanding its “non-interference” in matters related to the ECP.

The draft bill, presented in parliament and passed by the National Assembly on Wednesday and by Senate on Thursday, seeks to amend laws regarding the conduct of the top court and suggests setting up a three-member panel headed by the chief justice to take up suo motu cases.

“The passage of the Supreme Court (Practice & Procedure) Bill 2023 by Parliament today will institutionally strengthen the apex court,” Prime Minister Shehbaz Sharif said on Twitter. “It will help make the process of bench formation & exercise of Article 184 (3) transparent & inclusive, thus serving the cause of justice.”

 

 

The crisis, widely seen as a tussle between the top court and the federal government, stems from Chief Justice Umar Ata Bandial on February 23 taking suo motu notice of a delay in holding elections in Punjab and Khyber Pakhtunkhwa provinces, where legislative assemblies were dissolved in January by ex-Prime Minister Imran Khan and his allies. The move was part of Khan’s bid to force early general elections, since Pakista historically holds the provincial and national elections together.

According to Pakistan’s constitution, elections must be held within 90 days of the dissolution of a legislative assembly.

After weeks of delays and political wrangling on the issue, the Supreme Court in a 3:2 verdict on March 1 ordered the ECP to fulfill its constitutional obligation and announce an election schedule for Punjab and Khyber Pakhtunkhwa. The ECP subsequently said the vote in Punjab would be held on April 30 but last week withdrew its schedule, saying it was impossible to hold the vote in April due to security and financial concerns. It announced October 8 as the new poll date in Punjab.

Khan’s Pakistan Tehreek-e-Insaf party then approached the Supreme Court, which is now debating whether the ECP’s move is legal, forcing the government to move a resolution against the court itself.

According to Pakistan’s constitution, a bill passed by both houses of parliament becomes law once it receives the president’s formal approval.


Women among eight killed in shootings in southwest Pakistan near Iran border

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Women among eight killed in shootings in southwest Pakistan near Iran border

  • Six people were killed in shootout between unidentified gunmen and local residents in Panjgur district, says police official
  • Says in second incident, border forces fired upon truck carrying illegal Afghan migrants after it did not stop at security checkpost

QUETTA: At least eight people, including two Afghan women, were killed in separate shooting incidents in a southwestern Pakistani district that borders Iran, a police official said this week. 

Both incidents took place on Monday and in Balochistan’s Panjgur district. The first incident took place near the Chedgi border crossing with Iran, located around 80 kilometers from Panjgur city, Deputy Superintendent of Police Javed Ahmed said. Armed men ambushed what he said were a group of “state-backed” locals working near the border. He did not elaborate further about their affiliation nor the nature of their work. 

“After an intense gunbattle between the attackers and the local residents, six people were killed,” Ahmed told Arab News on Monday. “Armed men torched two vehicles before leaving the area.”

No group has claimed responsibility for the attack but ethnic Baloch separatist groups, the most prominent among them the Baloch Liberation Army (BLA), often target tribal leaders and local residents that are backed by the state. 

Ahmed said families of the deceased did not bring the bodies to a hospital for autopsy as the terrain there is mountainous and the roads are in a dilapidated condition. Instead, the victims’ relatives buried the bodies in their hometown close to the Iran border. 

The second shooting incident took place in Prom, a border town in the same district located around 110 kilometers from Panjgur city, during the wee hours of Monday. A pickup truck carrying illegal Afghan migrants attempted to escape a border security checkpost, prompting border forces to fire at the vehicle, the police official said. 
 
“Pakistani border forces asked the driver to stop but he sped up the pickup truck,” Ahmed said. “As a result of border security forces’ firing, two Afghan women boarded on the Zamyad pickup truck were killed and three other illegal migrants were injured who were later shifted to the hospital.”
 
Every year, thousands of Afghan migrants travel illegally through the mountainous and deserted routes through Balochistan to Iran and ultimately, Europe. 

Balochistan, which shares porous borders with Afghanistan and Iran, has been the scene of a low-lying insurgency for decades. Militants have frequently targeted government officials, security forces, laborers and Chinese personnel in the area. 

Separatist militant groups such as the BLA accuse the government of exploiting the province’s resources and denying locals a fair share in them. Pakistan’s government rejects the allegations and says it is undertaking several social and economic initiatives in the province to uplift the local population. 

The shootings occur as the security situation in the province sharply deteriorates in recent months. The BLA carried out a series of coordinated attacks in multiple locations across the province on Jan. 30-31, killing at least 36 civilians and 22 law enforcement personnel, the government said. Pakistan’s military said it killed 216 militants in counter-offensive operations. 

On Sunday, unidentified gunmen kidnapped nine laborers from two construction sites in the province.