Daily Times

The Supreme Court Practice and Procedure Amendment Ordinance, 2024 was challenged in Lahore High Court in a petition requesting the court to declare it unconstitutional and all orders or actions taken in this regard to be set aside.

The petition made the request arguing that the sole objective of this Ordinance is to target PTI’s founding chairman Imran Khan and to divide the judiciary. Petitioner Munir Ahmed filed the petition through advocate Azhar Siddique praying the court to declare this Ordinance ultra vires in view of Articles 9, 10, 10-A, 14, 17, 25, 37, 38, 46, 48, 75 & 89 read with Articles 4 & 5 of the Constitution of the Islamic Republic of Pakistan, 1973. Petitioner’s counsel implored in the petition that all orders or actions taken pursuant this Ordinance are in violation of the fundamental rights provided in the Constitution of the Islamic Republic of Pakistan, 1973.

He further requested the court to direct the respondents to share all the required information(s), details and document(s) under Article 19-A of the Constitution of the Islamic Republic of Pakistan, 1973. He submitted that these amendments cannot be supported; therefore, the Ordinance should be withdrawn with immediate effect.

The petition highlighted recent statements made by the Chief Justice of Pakistan Justice Qazi Faez Isa, who had questioned “through ordinances, the will of one person is imposed on the entire nation. Isn’t this against democracy? Shouldn’t the president of the country provide detailed justifications along with the ordinances?” According to the petition, the Amending Ordinance was passed and given assent without adherence to the required legislative process. The petition argues that an emergency session of the National Assembly could have been convened to pass the ordinance, but this step was not taken.

The petition claims that the ordinance should be withdrawn as it was passed arbitrarily and in violation of established procedures. The petition further points out that the matter addressed by the ordinance is currently sub judice, meaning it is under judicial review by the Supreme Court of Pakistan. The petitioner argues that the President failed to apply due consideration before promulgating the ordinance and that such amendments should have been enacted through proper parliamentary channels.

The petition also alleges that the ordinance was aimed at targeting Pakistan Tehreek-e-Insaf (PTI) chairman Imran Khan, characterising the move as a constitutional fraud. It argues that the Federal Government and President lack the authority to issue such ordinances under the current circumstances and that any necessary amendments should have been made through an Act of Parliament. The petitioner asserts that there was no emergency justifying the promulgation of the ordinance, especially given that the previous Act remains applicable and constitutional benches are operating according to the law.

Separately, the Supreme Court Bar Association of Pakistan (SCBAP) has voiced strong objections against the recent ordinance amending the Supreme Court Practice and Procedure Act 2023. President of SCBAP Muhammad Shahzad Shaukat, and Secretary Syed Ali Imran, along with the 26th Executive Committee, expressed “deep remorse and anguish” over the promulgation of the ordinance, calling it a direct insult to the long-standing efforts of the legal fraternity. In an official press release on Saturday, the SCBAP described the ordinance as “a clear defiance” of the legal community’s struggle, which had culminated in the establishment of the Supreme Court Practice and Procedure Act 2023. The SCBAP also raised alarms over the timing and method of the ordinance’s issuance, which they argue effectively “amounts to a repeal” of the Act. “This is unacceptable particularly when the said legislation had already been upheld by the Supreme Court of Pakistan,” the press release states.