PTI challenges SC Practice, Procedure Amendment Ordinance in top court

PTI's petition was filed a week after President Zardari and federal govt approved much-debated ordinance

By Abdul Qayyum Siddiqui
September 26, 2024
A view of the Supreme Court building in Islamabad on October 3, 2023. —Reuters

ISLAMABAD: Pakistan Tehreek-e-Insaf (PTI) on Thursday challenged the Supreme Court (Practice and Procedure) Amendment Ordinance 2024 in the top court, urging for it to be declared "unconstitutional".

PTI Chairman Barrister Gohar Khan lodged the constitutional plea, requesting the SC to "annul" and declare all the decisions of the Practice and Procedure Committee — since approval of the ordinance — "illegal".

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The newly-formed Practice and Procedure Committee should be stopped from work as long as the constitutional petition is pending, said the petition, adding that the old committee should be allowed to function during the petition against the ordinance.

The PTI petition has been filed a week after the president and federal government approved the much-debated ordinance.

The federal cabinet adopted the ordinance "through a circulation" after the Ministry of Law had sent it to the prime minister and cabinet on the night of September 19.

The ordinance said the court bench would look at the cases keeping in view the fundamental human rights and public importance.

As per the ordinance, each case will be heard on its turn otherwise reason will be furnished for its taking out of turn.

“Each case and appeal will be recorded and its transcript will be prepared, which will be available to the public,” it also stated.

Gohar's petition — that includes the federation, law ministry and President Asif Ali Zardari as parties — stated: "... pending the disposal of the titled Constitutional Petition, the operation of the Impugned Ordinance may kindly be suspended.

"Further, the committee purportedly re-constituted pursuant to the Impugned Ordinance may kindly be restrained from constituting benches and fixing any cases before them and the lawfully constituted Committee under Supreme Court (Practice and Procedure) Act, 2023 consisting of the Chief Justice of Pakistan and the two next senior most judges may be allowed to continue functioning."

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