PTI challenges SC Practice and Procedure Ordinance in SHC

KARACHI: The PTI has filed petition in Sindh High Court against amending the Supreme Court Practice and Procedure Act with presidential ordinance, ARY News reported on Monday.

Petitioner has made the federation, secretary cabinet and secretary parliamentary affairs as respondents in the case.

“Chief Justice Qazi Faez Isa had set three conditions in his decision with regard to promulgation of an ordinance,” petition read.

“In these conditions emergency and immediate need were basic elements,” according to petition.

“Currently there is no calamity or any emergency situation, the ordinance promulgated in presence of the parliament, which is unconstitutional,” petition read.

“The chief justice in his decision on the Supreme Court Practice and Procedure Act had endorsed constitution of the committee and he had also written for abolishing the role of Master of the Roaster”.

“In presence of the apex court’s decision, the law could not be amended with an ordinance,” petitioner argued.

“Any amendment in the law would have passed by the parliament after debate. Supreme Court should decide its own matters, any intervention from the government will end the independence of the judiciary,” according to the petition.

It is to be mentioned that the Supreme Court Practice and Procedure Act 2023, has been recently amended with a presidential ordinance.