1 week Ago By Our Staff Reporter
ISLAMABAD - Pakistan Bar Council (PBC) has expressed serious concerns over the promulgation of an ordinance by the federal government wherein the Supreme Court Practice and Procedure Act, 2023 has been amended. The government a couple of days back had promulgated an ordinance, wherein the Supreme Court Practice and Procedure Act, 2023 was amended and Chief Justice of Pakistan 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. Farooq Hamid Naek, Vice Chairman of the PBC, has expressed serious concerns in a statement against the promulgation.
He expressed that it was longstanding demand of the PBC 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 longstanding struggle of lawyers. He said legislation had already been upheld by Supreme Court of Pakistan too. He added that the Ordinance which is a temporary legislation is only issued when there is an emergent need and Parliament is not in session to make laws.
He was of the view that 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. Farooq was of the view that government should have engaged the Pakistan Bar Council in this matter before its promulgation, as it has shared draft of proposed 26th Constitutional Amendments for our input. He said that the Pakistan Bar Council has always supported and struggled for the supremacy of the Constitution, Rule of Law and independence of Judiciary, as enshrined in the Constitution.
He, therefore, called upon the government to place the said Ordinance before the Executive Committee of Pakistan Bar Council for seeking their opinion on the question whether such an Ordinance has secured the independence of Judiciary as well as sovereignty of Parliament in legislating laws..
