Legal Reforms Bills To Further Enhance Apex Court's Prestige, Provide Speedy Justice To Litigants: Experts

PESHAWAR, (UrduPoint / Pakistan Point News - 29th Mar, 2023 ) :The legal experts here on Wednesday opined that legal reforms bills recently introduced by the government would further enhance the image and prestige of the Supreme Court and provide speedy justice to the litigants.

Esa Khan, former Advocate General Khyber Pakhtunkhwa told APP that the SC Practice and Procedure and Lawyers' Welfare and Protection Bills 2023 as introduced by the government in the National Assembly carried significant importance in terms of provision of speedy justice and right of appeals to litigants besides allowing lawyers to continue their professional duties without any fear and threats.

He said that the bill was related to formation of a committee comprising three senior judges including CJP of the apex court to take decisions related to taking the suo-moto notice.

He said all the state organs including legislature, executive and judiciary derive strength from the 1973 constitution and if all the state institutions work under their constitutional ambit, the country could achieve economic and political stability besides speedy resolution of masses' problems.

Esa Khan said restraint in judicial activism was inevitable for smooth functions of the legislature and executive in democratic societies, adding that confrontation among state institutions would serve no purpose rather to weaken democracy. "In the past, the nation had seen that how judges of higher judiciary were sacked and kept house arrested besides democracy was derailed four times in Pakistan." He appreciated the government's decision to refer SC Practice and Procedure Bill 2023 to the relevant law and justice committee for further consideration to make it more effective.

Senior constitutional expert, Syed Noman Ali Shah Bukhari termed the recent observations passed by the two learned judges of the Supreme Court including Justice Mansoor Ali Shah and Justice Jamal Mandokhel, of serious nature and said these needed to be deliberated upon.

He said that the controversy regarding acceptance or dismissal of the Punjab and KP elections' case by the two-third or four-third judges developed after the March 1, 2023 judgment, adding a full court bench of the Supreme Court could better settle this confusion.

He said that an important clause regarding the rights of challenging the notice which could be filed within 30-day and then be fixed for a hearing in two-week time was included in the proposed SC practice and procedure bill aimed to provide quick justice to the litigants besides giving them right of appeal.

Bukhari while referring to the constitutions of benches proposed in the bill said that every cause lists, appeals or matters before the supreme court shall be heard and disposed of by a bench constituted by the committee comprising the Chief Justice of Pakistan and two senior judges of the apex court.

He appreciated the proposed procedure regarding invoking the exercise of original jurisdiction under clause (3) of Article 184 of the constitution that would be first placed before the committee for examination. If the committee was of the view that a question of public importance with reference to enforcement of any of the fundamental rights conferred by Chapter I of Part II of the constitution is involved, it shall constitute a bench comprising not less than three judges of the supreme court, which may also include the members of the committee for adjudication of the matter.

"If SC invoke clause 3 of article 184 of the constitution in any case, there should be a right of appeal for satisfaction of the aggrieved party," he said. Under the proposed law, he said that an appeal shall lie within 30-day from a final order of a bench of the Supreme Court, which exercised jurisdiction under clause (3) of Article 184 to a larger bench of the SC and such appeal for hearing to be fixed within a period not exceeding fourteen days.

The senior lawyer said an important clause pertaining to the right of appoint counsel of choice has been proposed that would greatly help litigants to file a review application under article 188 of the constitution.

The experts said that lawyers play a significant role in the administration of justice, protection of human rights, defense of democracy and the rule of law, adding the lawyers' welfare and protection bill 2023 was very important as it would protect the lawyers' community from incidents of assault, criminal elements, intimidation and threats and would help them in discharge of their responsibilities without any fear.

They said referral of the lawyers' protection and welfare bill to the relevant committee for further deliberation was a worthy step of the government that would further improve the performance of the legal fraternity.