Bars blast SC Practice and Procedure Amendment Ordinance as ‘bad law’

• Amendment to law defies lawyers’ struggle, says PBC vice chairman.
• SCBA officials decry timing and manner of ordinance’s promulgation.
• Term practical repeal of Practice and Procedure Act ‘unacceptable’.

Days after the incumbent government passed the Supreme Court (Practice and Procedure) Amendment Ordinance 2024, several lawyer bodies across the country have termed it a “bad law” for being detrimental to the independence of the judiciary and protection of fundamental rights, The News reported on Sunday.

Two senior lawyers bodies, namely the Pakistan Bar Council (PBC) and the Supreme Court Bar Association (SCBA), have reacted strongly to the promulgation of the said ordinance which was signed into law by President Asif Ali Zardari following the federal cabinet’s approval on Friday.

The ordinance in question provisions sub-clause 1 of the Act’s Section 2 according to which the Practice and Procedure Act Committee will fix the cases for hearing. The body will comprise the chief justice, the most senior judge and the judge nominated by the chief justice.

Apart from amendment in Section 3 of the Act, the ordinance also provisions each case to be heard on its turn otherwise reason would have to be furnished for its taking out of turn.

“Each case and appeal will be recorded and its transcript will be prepared, which will be available to the public,” it also stated.

Reacting to the ordinance, PBC Vice Chairman Farooq H Naek said that the ordinance was an unjust law and violated the democratic procedure for the formation of a bench under Section 2 of the Supreme Court (Practice and Procedure) Act 2023.

“This is a bad law and detrimental to the independence of judiciary and protection of fundamental rights for which Article 184(3) of the Constitution is invoked by an aggrieved person,” the senior lawyer said, adding that it was a longstanding demand of the PBC and the legal community that a committee of senior judges should be constituted to decide constitution of benches and fixation of case.

“Now amendment to the said Act through the ordinance is a clear defiance of the long-standing struggle of lawyers,” he remarked.

Echoing Naek’s point of view, SCBA President Muhammad Shahzad Shaukat, along with Secretary Syed Ali Imran also expressed concern over the timing and manner of the promulgation of the ordinance.

They also noted that the law practically amounted to the repeal of the SC Practice and Procedure Act which, they added, was unacceptable particularly when the said legislation had already been upheld by the top court.

The SCBA officials further said that institutions like parliament and judiciary are on a collision course which would have devastating effects on democracy and supremacy of the Constitution, if both sides do not exercise restraint it can derail the whole system.