PTI CHALLENGES PRACTICE AND PROCEDURE ORDINANCE IN SINDH HIGH COURT

Posted on September 23, 2024 by News Desk

PTI challenges practice and procedure ordinance

The Pakistan Tehreek-e-Insaf (PTI) has filed a petition in the Sindh High Court challenging the newly introduced Practice and Procedure Ordinance, arguing that it violates a prior Supreme Court ruling.

PTI’s petition contends that the ordinance breaches constitutional principles and demands its immediate suspension pending a judicial review. It claims the ordinance, which addresses judicial practices, contradicts a ruling by a Supreme Court bench led by Chief Justice Qazi Faez Isa. According to PTI, the bench had previously ruled that ordinances could only be issued in emergencies. PTI further argued that issuing the ordinance right after a parliamentary session is unconstitutional.

The petition also accuses the government of using the ordinance to involve judges in political matters, calling it an unconstitutional move. PTI has urged the court to annul the ordinance and suspend its enforcement until a final ruling is made.

Following the petition, PTI leader Haleem Adil Sheikh spoke to the media, stating, “We are here today to challenge the amendment being introduced. The government is attempting to undermine the independence of the judiciary. We previously filed a similar petition against the Practice and Procedure Act in 2023, and we defended the judiciary in 2007—this is no different.”

This legal challenge arises amidst growing concerns about judicial involvement in political affairs and the government’s use of ordinances. PTI has vowed to continue fighting to protect the judiciary’s independence.

Previously, the Practice and Procedure Amendment Ordinance, 2024, was challenged in the Lahore High Court in a petition calling for the ordinance to be declared unconstitutional and for all related orders or actions to be nullified.

The petition, filed by Munir Ahmed through advocate Azhar Siddique, argued that the ordinance was passed without following proper legislative procedures. It sought to have the ordinance deemed ultra vires under various constitutional articles and requested the court to direct the respondents to disclose all relevant information under Article 19-A of the Constitution.

Federal Minister for Information, Broadcasting, National Heritage, and Culture, Attaullah Tarar, clarified the key provisions of the ordinance. He explained that the new regulations implement a “first come, first served” principle, ensuring that cases are heard in the order they are filed, eliminating any preferential treatment.

A notable change involves cases under Section 184(3) of the Constitution, where it is now mandatory to explain why a case is considered of public importance before it is taken up by the court. The ordinance also introduces the right of appeal for Supreme Court orders under this section. Additionally, it mandates the preparation and public availability of complete transcripts of court proceedings, including judges’ remarks.

The ordinance also establishes a committee under the Practice and Procedure Act, headed by the Chief Justice of Pakistan, with the puisne judge and a third senior judge serving as members.

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