Islamabad (Web Desk): The Pakistan Tehreek-e-Insaf (PTI) on Thursday filed a petition in the Supreme Court (SC) challenging the recently introduced (Practice and Procedure) Amendment Ordinance 2024.
In the petition filed by PTI Chairman Barrister Gohar Khan, it has been requested that all the decisions of the Practice Procedure Committee, taken after the approval of the ordinance, should be declared "illegal" and "annulled".
The plea read that the newly-constituted practice and procedure committee should be suspended from work for as long as the constitutional petition is pending.
The petition added 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.
On September 23, the PTI also challenged the Supreme Court Practice and Procedure Ordinance in the Sindh High Court (SHC).
Sindh PTI President Haleem Adil Sheikh filed a constitutional petition contending that the ordinance was a “clear violation of the judgment of the Supreme Court.”
On September 20, President Asif Ali Zardari on Friday igned off on Supreme Court Practice and Procedure Amendment Ordinance 2024, hours after it was approved by the federal cabinet chaired by Prime Minister Shehbaz Sharif.
The ordinance was approved "through a circulation" after the Ministry of Law had sent it to the prime minister and cabinet on Thursday night.
According to the ordinance, the court bench would look at the cases keeping in view the fundamental human rights and public importance.
It added that each case will be heard on its turn otherwise reason will be furnished for its taking out of turn.
The ordinance further said that each case and appeal will be recorded and its transcript will be prepared, which will be available to the public.
It also includes the right to appeal against orders issued under Clause 3 of Article 184 of the Constitution, following the Supreme Court’s October 11, 2023 ruling that declared Sub-section 2 of Section 5 of the law unconstitutional.
In October 2023, the Supreme Court had upheld the SC (Practice & Procedure) Act, 2023 which was formulated to regulate the affairs of the top court.
The law, which was passed by parliament in April 2023, states that a three-member bench, comprising the chief justice of Pakistan (CJP) and the two senior-most judges of the apex court, will decide whether or not to take up a matter suo motu.
Previously, this was solely the prerogative of the CJP. Additionally, it adds to the review jurisdiction of the top court, giving the right to file an appeal within 30 days of the judgement in suo motu cases.
The law was seen by the petitioners as an attempt by the government to curtail the chief justice’s powers.
