PTI challenges practice, procedure ordinance in LHC

LAHORE: A day after President Asif Ali Zardari signed the Practice and Procedure Ordinance, Pakistan Tehreek-e-Insaf (PTI) lawyer Azhar Siddique challenged it in the Lahore High Court (LHC) on Saturday.

The federal government and others have been named as respondents in the petition.The petition argues that the presidential ordinance is based on mala fide intentions.

It states that the Supreme Court has already delivered its verdict on the Practice and Procedure Act, adding that the powers of the Supreme Court cannot be altered through an ordinance.The petitioner requested the court to nullify the ordinance and to halt any actions taken under the act until a final decision is reached.

The federal cabinet had approved the Practice and Procedure Amendment Ordinance 2024, which grants additional powers to the chief justice of Pakistan. This ordinance amending the Supreme Court Practice and Procedure Act 2023 was sent to the president for approval, which he granted.

Under the amendment, the chief justice of Pakistan may nominate a judge in case a committee member is unavailable. The Act stipulates that the chief justice will form a three-member committee comprising the chief justice and the two most senior judges to hear every cause, appeal, or matter before the Supreme Court.

According to sources, with the implementation of the 2024 ordinance, a transcript of the proceedings will be written and made available to the public.The Supreme Court, in its judgment of October 11, 2023, had declared Subsection 2 of Section 5 of the law unconstitutional.

The right to appeal against orders issued under Clause 3 of Article 184 of the Constitution has also been included in the ordinance.