Pakistan Tehreek-e-Insaf (PTI) has challenged the Practice and Procedure Presidential Ordinance in the Supreme Court.
Barrister Gohar, PTI chairman, initiated the challenge by filing a petition to declare the ordinance unconstitutional. The petition calls for a halt to forming a new Practice and Procedure Committee until the court reviews the matter, advocating for the continuation of the existing committee’s operations during the litigation.
Previously, PTI approached the Sindh High Court to oppose amendments to the Supreme Court Practice and Procedure Act, enacted through a presidential ordinance. The petition names the federation, the secretary of the cabinet, and the secretary of parliamentary affairs as respondents.
Read: Pakistan Amends Supreme Court Procedures, Limits Chief Justice’s Powers
The petition references a ruling by Chief Justice Qazi Faez Isa, which stipulated three conditions for issuing an ordinance. These conditions emphasize the necessity of an emergency or immediate need.
The petition asserts that, given the absence of any current emergency or calamity and the parliament’s active session, the promulgation of this ordinance is unconstitutional. It further contends that in light of the Supreme Court’s existing rulings, the law cannot be amended merely by ordinance. A presidential ordinance recently modified the Supreme Court Practice and Procedure Act 2023.
