KARACHI: Two identical petitions landed in the Sindh High Court on Monday, challenging the Supreme Court (Practice and Procedure) Amendment Ordinance, which changed the composition of the three-judge committee of apex court about formation of benches.
Pakistan Tehreek-i-Insaf-Sindh president Haleem Adil Sheikh and Advocate Mohammad Ghulam Rahman Korai separately moved the SHC, asking it to declare the impugned ordinance unconstitutional and ultra vires to the Constitution.
The petition moved by the lawyer is fixed for hearing before a two-judge bench comprising Justice Yousuf Ali Sayeed and Justice Arbab Ali Hakro on Tuesday (today).
Citing the secretaries, cabinet division, ministry of law and parliamentary affairs and others as respondents, petitioners submitted that there was no pressing emergency which warranted bypassing the legislative process of the parliament.
Representing the PTI leader, Advocate Ali Tahir contended that the SC (Practice and Procedure) Act, 2023 was a product of extensive parliamentary debate and to limit unilateral powers of chief justice about constitution of benches, but enactment of the impugned ordinance has effectively subverted the authority of parliament and rule of law.
He also argued that the power of President to promulgate ordinances under Article 89 must be exercised in most exceptional circumstances where immediate action was required.
The counsel further submitted that the impugned enactment reverted the almost exclusive powers of chief justice to constitute benches, and unilateral power of chief justice had previously attracted severe criticism, particularly regarding cases under Article 184(3) of Constitution, leading to lack of transparency and fairness.
He maintained that such promulgation was also made in violation of various constitutional provisions related to fundamental rights specifically with regard to independence of judiciary and access to justice.
Advocate Korai also submitted that the ordinance in question was promulgated in violation of various articles of the Constitution and there would be irreparable and irreversible loss to the independence of judiciary if the same was not set aside.
Both the petitioners pleaded to declare the impugned ordinance unconstitutional, ultra vires to the constitution and of no legal effect as well as to set aside all actions, orders and decisions taken in pursuance of such ordinance.
Muttahida MNA’s plea dismissed
An election tribunal, headed by Justice Mohammad Karim Khan Agha of the Sindh High Court on Monday dismissed an application of MNA Sadiq Iftikhar of the Muttahida Qaumi Movement-Pakistan (MQM-P) questioning the maintainability of an election petition filed by the Pakistan Tehreek-i-Insaf-Sindh president Haleem Adil Sheikh against his victory from NA-238.
Published in Dawn, September 24th, 2024
