LAHORE, SEP 21 (DNA): A day after President Asif Ali Zardari signed signed the controversial Practice and Procedure Ordinance, Pakistan Tehreek-e-Insaf (PTI) lawyer Azhar Siddiqui on Saturday challenged it in the Lahore High Court (LHC).
The federal government and others have been made respondents in the petition.
It has been argued in the petition that the presidential ordinance was based on mala fide intentions. It said that the apex court had given its verdict on the Practice and Procedure Act, adding that powers of the SC couldn’t be changed through the ordinance.
The applicant pleaded that the court should nullify the ordinance and stop any action taken under the act until final verdict by the court.
Cabinet approves Practice and Procedure Amendment Ordinance
The federal cabinet approved the Practice and Procedure Amendment Ordinance 2024 which gives more powers to the chief justice.
The ordinance, which amends the Supreme Court Practice and Procedure Act 2023, was sent to the president for approval which he approved.
Under the amendment to the Act, the chief justice of Pakistan can nominate a judge in case of unavailability of a committee member.
The Act provided that the chief justice of Pakistan will constitute a three-member committee “comprising the Chief Justice of Pakistan and two next most senior Judges, in order of seniority” to hear “every cause, appeal or matter before the Supreme Court.”
According to sources, with the implementation of the ordinance 2024, a transcript of proceedings will be written and available to the public.
The Supreme Court, in its judgement of Oct 11, 2023, had declared Sub-section 2 of Section 5 of the law unconstitutional. The right to appeal against the order issued under Clause 3 of Article 184 of the Constitution has also been included in the ordinance.
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