PHC fixes plea against SC practice, procedure ordinance for hearing

PESHAWAR: The Peshawar High Court (PHC) fixed a plea—against an ordinance amending the Supreme Court Practice and Procedure Ordinance—for hearing on Tuesday, ARY News reported.

The Peshawar District Bar approached the PHC against the ordinance promulgated by President Asif Ali Zardari, amending the Supreme Court (Practice and Procedure) Act 2023.

The Peshawar District Bar argued in its plea that the SC practice procedure ordinance approved by the president is ‘unlawful’, requesting the court to declare the same null and void.

The PHC bench comprising Chief Justice Ishtiaq Ibrahim and Justice Waqar Ahmed will take up the plea on Tuesday.

Earlier, Pakistan Tehreek-e-Insaf (PTI) challenged the amendment in the Supreme Court Practice and Procedure Act  in the apex court.

PTI chairman Barrister Gohar filed a petition against the presidential ordinance, seeking to declare it unconstitutional.

The petition sought to restrain the formation of a new Practice and Procedure Committee until the petition is heard and requests that the old committee be allowed to function during the hearing of the petition.

Additionally, the federal government, law ministry, and secretary to the president have been made parties in the petition.

The amendment

It may be noted here that Federal Minister for Information Attaullah Tarar said that the promulgation of the ordinance will further improve transparency in the judicial process.

He said the ordinance for amendment in the Practice and Procedures Act was promulgated by the president after approval from the federal cabinet.

He said that from now on, the case that comes first would be taken up first by the court and the cases coming after would be fixed on their number.

Read More: PTI challenges SC practice procedure ordinance

Tarar said a committee had been set up under the Practice and Procedure Act headed by the Chief Justice of the Supreme Court, the puisne judge and the third Senior Judge were its members.

The minister said under the ordinance, now the Chief Justice will head the committee whereas the puisne judge will be a member and a third judge of the Supreme Court will be its member. The Chief Justice will nominate one of the judges of the Supreme Court as a member of this committee from time to time, the minister added.

He said cases were delayed due to the non-availability of the third member of the committee in Islamabad.