KARACHI: The Sindh High Court on Tuesday reserved its order about maintainability of a petition challenging the Supreme Court (Practice and Procedure) Amendment Ordinance.

A two-judge bench of SHC comprising Justice Yousuf Ali Sayeed and Justice Arbab Ali Hakro heard arguments from the counsel for the petitioner.

Advocate Mohammad Ghulam Rahman Korai petitioned the SHC asking it to declare the impugned ordinance unconstitutional and ultra vires to the constitution.

Representing petitioner Ebrahim Saifuddin, the counsel argued that promulgation of impugned ordinance, which has changed the composition of the three-judge committee of the apex court about formation of benches, was a direct attack on judiciary.

Justice Sayeed remarked that the apex court had already started to implement the Supreme Court (Practice and Procedure) Amendment Ordinance as the chief justice of Pakistan had issued a notification in this regard.

The bench asked the counsel as to how the high court could interfere in the affairs of the apex court.

The lawyer contended that senior puisne judge Justice Mansoor Ali Shah had opposed the impugned ordinance and the Supreme Court was divided on the subject issue.

After hearing arguments, the bench reserved the order on maintainability of the petition during the course of day. However, it is likely to be announced on Wednesday (today).

Citing the secretaries of cabinet division and ministry of law & parliamentary affairs and others as respondents, petitioner asserted that there was no pressing emergency which warranted bypassing the legislative process of parliament.

He also asserted 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.

Published in Dawn, September 25th, 2024