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No right to appeal against ruling in suo motu case against basic rights: TararBreaking

March 29, 2023

National Assembly’s Standing Committee on Law and Justice held its sitting on Wednesday to deliberate upon legislation about superior judiciary. Head of the 16-member standing committee Mehmood Bashir Virk chaired the meeting. The meeting started after Federal Law Minister Azam Nazir Tarar arrived to attend the meeting. The law minister apologized to standing committee for arriving late. He said he had some more proposals due to which he arrived late.

The law minister, while briefing the committee, said Pakistan Bar Council and Supreme Court Bar Association many a times had drawn attention that under 184 (3) right to appeal had not been given. Mr Tarar also mentioned a judgement wherein it was admitted that there should be a right to appeal. He said many cases required to be taken up immediately by courts, but these are left pending up to six months.

The law minister said when voices from within the apex court were raised, the government decided to make necessary legislation. He said government did not want to make any law which could be challenged later. Mr Tarar said it was a long standing demand of the stakeholders on which the legislation was being made now. He said no right to appeal against court ruling in a suo motu case was against basic rights. He added that hiring an advocate of one’s choice was also the right of every one.

It merits mentioning here that standing committee will discuss Supreme Court Practice and Procedure Bill 2023. Under the bill, Chief Justice of Pakistan’s discretionary power to take suo motu notice has been proposed to be abolished. It has been suggested that a judges committee will be entrusted power of taking suo motu notice. The appeal against ruling in suo motu case would be filed within 30 days and the case will be fixed for hearing within 14 days. The committee, after approving the bill, will send it back to National Assembly today. After receiving the report from NA panel, the National Assembly is expected to pass the bill the same day.

Credit : Independent News Pakistan-INP