ISLAMABAD: The Supreme Court Bar Association (SCBA) and Pakistan Bar Council (PBC) expressed grave concern over the promulgation of the Ordinance amending the Supreme Court (Practice and Procedure) Act, 2023.
The federal government, on Friday, enacted the Supreme Court (Practice and Procedure) Amendment Ordinance, 2024, introducing a few changes in the Act 2023, particularly, in Section 2(1) under that a three-member judges committee of the apex court decides on the formation of the SC benches and cases related to human rights.
Earlier, the committee comprised chief justice and two senior-most judges of the Supreme Court. But the ordinance now allowed the chief justice to nominate one member of the committee, from time to time.
President Zardari signs SC (Practice and Procedure) Amendment Ordinance 2024
The PBC and SCBA on Saturday issued press statements said that through ordinance the chief justice has been given power to pick/nominate any Judge of the Supreme Court as third Member of the Committee to constitute Benches and fix cases before them.
Vice Chairman PBC Farooq Hamid Naek said that it was longstanding demand of the Pakistan Bar Council and legal community that Committee of senior judges should be constituted to decide constitution of Benches and fixation of cases and the Supreme Court Practice and Procedure Act, 2023 was the outcome of struggle of the legal fraternity and lawyers who welcomed and appreciated when this Act was enacted and now amendment in the said Act through Ordinance is a clear defiance of the long standing struggle of lawyers.
SCBA President Muhammad Shahzad Shaukat, Secretary Syed Ali Imran, and the 26th Executive Committee said that the Ordinance is a clear defiance of the longstanding struggle of legal fraternity which culminated in the Act 2023.
It also said that the timing and manner in which this Ordinance has been issued amounts to a repeal of Act 2023 which is unacceptable particularly when the said legislation had already been upheld by the Supreme Court.
The statement said that the SCBA strongly believes that the original Act served a pivotal role in strengthening the Supreme Court by enhancing access to justice and upholding the fundamental rights enshrined in the Constitution, thereby, ensuring a more equitable and transparent judicial process. In contrast, the amendments are detrimental to the Constitution, the independence of the judiciary, and the protection of fundamental rights.
The SCBA said it views with grave concern that sacred institutions such as the Parliament and the Judiciary are on a collision course which is destined to have devastating effects on democracy and supremacy of Constitution, if both sides do not exercise restrain it can derail the whole system.
The association called upon all relevant stakeholders to uphold the sanctity of the Constitution, the independence of the judiciary, and the fundamental rights of the people of Pakistan.
The association stressed the importance of safeguarding the fundamental rights of the people of Pakistan.
Copyright Business Recorder, 2024