KARACHI: The Sindh High Court on Tuesday reserved its order about maintainability of a petition challenging the Supreme Court (Practice and Procedure) Amendment Ordinance.

A two-judge bench of SHC comprising Justice Yousuf Ali Sayeed and Justice Arbab Ali Hakro heard arguments from the counsel for the petitioner.

Advocate Mohammad Ghulam Rahman Korai petitioned the SHC asking it to declare the impugned ordinance unconstitutional and ultra vires to the constitution.

Representing petitioner Ebrahim Saifuddin, the counsel argued that promulgation of impugned ordinance, which has changed the composition of the three-judge committee of the apex court about formation of benches, was a direct attack on judiciary.

Justice Sayeed remarked that the apex court had already started to implement the Supreme Court (Practice and Procedure) Amendment Ordinance as the chief justice of Pakistan had issued a notification in this regard.

The bench asked the counsel as to how the high court could interfere in the affairs of the apex court.

The lawyer contended that senior puisne judge Justice Mansoor Ali Shah had opposed the impugned ordinance and the Supreme Court was divided on the subject issue.

After hearing arguments, the bench reserved the order on maintainability of the petition during the course of day. However, it is likely to be announced on Wednesday (today).

Citing the secretaries of cabinet division and ministry of law & parliamentary affairs and others as respondents, petitioner asserted that there was no pressing emergency which warranted bypassing the legislative process of parliament.

He also asserted that the ordinance in question was promulgated in violation of various Articles of the Constitution and there would be irreparable and irreversible loss to the independence of judiciary if the same was not set aside.

Published in Dawn, September 25th, 2024

Opinion

On the brink

On the brink

A defiant govt and the widening divide within the top court itself has created a very dangerous impasse.

Editorial

Point of no return?
Updated 25 Sep, 2024

Point of no return?

It is CJP's responsibility to ensure his institution's respect as the govt has made it clear it will not implement the reserved seats verdict.
War on Lebanon
25 Sep, 2024

War on Lebanon

Israel has lit a fire that can consume the entire region, as hopes for a Gaza ceasefire grow dimmer by the day.
Rape scars
25 Sep, 2024

Rape scars

We are at the threshold of a rape crisis and the reason for it is our flimsy response; it aborts justice by perpetuating stigmatisation and victim-blaming.
Reserved seats
Updated 24 Sep, 2024

Reserved seats

THE verdict is in. But does that make a difference? The Supreme Court’s detailed reasoning for its decision in the...
Close call
24 Sep, 2024

Close call

A DISASTER of considerable proportions was averted on Sunday when a roadside device exploded in Swat as diplomats...
Digital gagging
24 Sep, 2024

Digital gagging

IT happened again over the weekend. Internet users in Pakistan found themselves cut off from WhatsApp and Instagram,...