Pakistan
Practice and Procedure Act challenge in SC
Petition requested that Practice and Procedure Amendment Act be suspended, pending decision on petition
Islamabad: The Practice and Procedure Amendment Ordinance 2024 has been challenged in the Supreme Court.
In the Supreme Court, Chaudhry Ehtisham-ul-Haq Advocate filed a petition in which it has been requested that the amendment ordinance should be declared unconstitutional and all the measures taken under it should be declared null and void.
It has been stated in the petition that the issuance of the ordinance is against parliamentary democracy. The Supreme Court has also declared that the ordinance can be issued only in emergencies.
It was requested on behalf of the petitioner that the Practice and Procedure Amendment Ordinance be suspended, pending the decision on the petition.
Earlier, an application has also been filed in the Lahore High Court (LHC) against the Practice and Procedure Amendment Ordinance.
It is pertinent to note that the Supreme Court Amendment Practice and Procedure Ordinance 2024 came into force after the signature of President Asif Zardari on September 20.
Earlier, Prime Minister Shehbaz Sharif and the federal cabinet approved the Supreme Court Amendment Practice and Procedure Act.
In this regard, Minister of Information and Broadcasting Attaullah Tarar said that the Supreme Court Practice and Procedure Amendment Ordinance was implemented to promote the public interest and the transparency of the judicial process.
What is the Practice and Procedure Ordinance?
According to the Ordinance, the bench will hear cases keeping in view the public importance and fundamental human rights, each case will be heard in its turn or the reason will be shown.
The amending Ordinance stated that every case and appeal shall be recorded and a transcript prepared which shall be made available to the public.
The Practice and Procedure Act Committee will decide the cases. The committee will consist of the Chief Justice, the most senior judge and the judge nominated by the Chief Justice.
The Ordinance included an amendment to Section III of the Practice and Procedure Act. Sections 7A and 7B have been added to the Practice and Procedure Act.
The Ordinance provided that public interest reasons must be given before hearing, under Section 7A. Cases which are filed first will be heard first, if a bench hears a case against its turn, reasons must be given.