• LHC seeks more arguments on maintainability of petition against ordinance
• SHC directs federal law officer to assist with petition’s maintainability

ISLAMABAD/LAHORE/KARACHI: Another petition challenging the recently promulgated ordinance to amend the Supreme Court (Practice and Procedure) Act 2023 was filed in the Supreme Court on Wednesday.

Advocate Khwaja Ahmad Hosain, representing rights activists Afrasiab Khattak, a leader of the National Democratic Movement (NDM), and journalist Fariha Idrees, submitted the petition. The petition argued that the formation of a three-judge committee under the amended law infringes upon fundamental rights and violates the Constitution.

This is the second such petition to reach the Supreme Court, with the first filed by Advocate Chaudhry Ehtishamul Haq. Both petitions argue that the ordinance undermines Article 89 and call for the suspension of the new committee until the matter is fully resolved.

The fresh petition pleaded that during the pendency of the present petition, the court should pass an observation that the Chief Justice of Pakistan Qazi Faez Isa was expected to maintain the constitution of the committee as it existed prior to the passing of the amendment ordinance.

The petition argued that the challenge has raised the question of public importance with reference to the enforcement of the fundamental rights conferred by the Constitution.

It said that the amendment ordinance strikes directly at judicial independence, disregarding the fact that the preamble of the Constitution highlights that the independence of the judiciary will be fully secured. Any interference in judicial independence is tantamount to a denial of citizens’ access to justice, it added.

The very basis for upholding the 2023 Act was that absolute power leads to disastrous consequences and the one-man show must end. By stating that the majority of the committee will comprise CJP and his nominee, the one-man show has effectively been reinstated, the petition said.

The petition pleaded that the ordinance also violates Article 175(3) of the Constitution, which commands that the judiciary will be separated from the executive. Thus, the ordinance was a blatant attempt by the executive to encroach on the internal workings of the judiciary and to undermine judicial independence.

LHC seeks arguments on maintainability

Separately, Lahore High Court (LHC) Chief Justice Aalia Neelum on Wednesday sought more arguments on the maintainability of a petition challenging the Supreme Court (Practice and Procedure) Amendment Ordinance 2024.

The chief justice observed that the subject matter of the petition pertained to practice and procedure with respect to dealing with cases in the Supreme Court, which was also dealt with by the Supreme Court Rules 1980.

Therefore, she instructed the petitioner’s counsel, the attorney general and the advocate general offices to render further assistance on the subject.

The next hearing was set for Oct 2.

Recusal

Meanwhile, Justice Abid Hussain Chattha of the LHC recused himself on Wednesday from a petition challenging the non-issuance of a notification for appointing Justice Syed Mansoor Ali Shah, the senior puisne judge of the Supreme Court, as the next chief justice of Pakistan.

The judge forwarded the petition to the chief justice with a request to fix it before any other bench.

Advocate Nadeem Shibli filed the petition, pleading that political, constitutional and legal issues were causing unrest in the country.

SHC issues notice to federal law officer

Meanwhile, the Sindh High Court (SHC) also took up a petition challenging the Supreme Court (Practice and Procedure) Amendment Ordinance, directing a federal law officer to assist with the petition’s maintainability.

The SHC also asked the petitioner’s lawyer to come prepared at the next hearing to satisfy it on the point of the petition’s maintainability.

Advocate Mohammad Ghulam Rahman Korai petitioned the SHC a couple of days ago, asking it to declare the ordinance unconstitutional and set aside all actions and orders taken in pursuance of the ordinance.

On Tuesday, a two-judge SHC bench, comprising Justice Yousuf Ali Sayeed and Justice Arbab Ali Hakro, reserved the order on the maintainability of the petition after hearing arguments from the petitioner’s lawyer.

A court order issued on Wednesday said the petitioner had impugned the ordinance, promulgated to amend the Supreme Court (Practice and Procedure) Act 2023.

“For the purpose of assistance in that regard, let notice be issued for the time being to the Additional Attorney General of Pakistan,” the order said.

The hearing is set to continue on Oct 3.

Published in Dawn, September 26th, 2024