Supreme Court Bar Association decries attack on 'judicial independence and constitutional rights'

The Supreme Court Bar Association of Pakistan (SCBAP) has voiced strong objections against the recent ordinance amending the Supreme Court Practice and Procedure Act 2023.

President of SCBAP Muhammad Shahzad Shaukat, and Secretary Syed Ali Imran, along with the 26th Executive Committee, expressed "deep remorse and anguish" over the promulgation of the ordinance, calling it a direct insult to the long-standing efforts of the legal fraternity.

In an official press release on Saturday, the SCBAP described the ordinance as “a clear defiance” of the legal community’s struggle, which had culminated in the establishment of the Supreme Court Practice and Procedure Act 2023.

The Act had been seen as a significant step forward for the judicial system, aiming to ensure a more transparent and equitable legal process.

The SCBAP also raised alarms over the timing and method of the ordinance’s issuance, which they argue effectively "amounts to a repeal" of the Act.

“This is unacceptable particularly when the said legislation had already been upheld by the Supreme Court of Pakistan,” the press release states.

The association expressed concern that such a move undermines the authority of the judiciary and erodes the constitutional protections that the original Act sought to safeguard.

Threat to judicial independence

SCBAP strongly emphasised that the original Act played a "pivotal role in strengthening the Supreme Court by enhancing access to justice and upholding the fundamental rights enshrined in the Constitution."

The association highlighted that these amendments not only reverse this progress but also pose a serious threat to the independence of the judiciary.

The amendments, SCBAP warned, are “detrimental to the Constitution, the independence of the judiciary, and the protection of fundamental rights.”

The organisation reiterated that the original 2023 Act had ensured a more equitable judicial process, providing greater transparency and reinforcing trust in the judicial system.

The SCBAP also expressed “grave concern” about the growing tension between Parliament and the Judiciary, warning that the two institutions are on a "collision course" that could have devastating effects on democracy and the supremacy of the Constitution.

“If both sides do not exercise restraint, it can derail the whole system,” the association cautioned.

SCBAP called upon all stakeholders, including members of the government, Parliament, and the judiciary, to uphold the "sanctity of the Constitution" and protect the independence of the judiciary.

The association stressed the importance of safeguarding the fundamental rights of the people of Pakistan, urging a united effort to maintain the country’s democratic and constitutional framework.

“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,” the statement reiterated.

The press release concluded with a plea to all involved parties to practice restraint and work towards resolving these tensions without compromising Pakistan’s legal and democratic institutions.

President Zardari signs off SC ordinance

Yesterday, President Asif Ali Zardari signed the Supreme Court (Practice and Procedure) Amendment Ordinance 2024, which reduces the Chief Justice’s authority over the formation of benches.

The ordinance, approved by the federal cabinet, amends the law passed in April 2023 and changes how key judicial matters are handled, according to Information Minister Attaullah Tarar.

The 2023 Act, upheld by the Supreme Court in October, had previously established that a three-member bench – consisting of the Chief Justice of Pakistan (CJP) and the two senior-most judges – would decide whether to take up suo motu cases.

The new ordinance alters this provision, allowing the CJP to head the committee but giving the power to appoint any other judge as the third member.

Tarar explained that the law aims to "serve the public interest and enhance the transparency of the judicial process." He further stated that the right to appeal has now been extended to any judgment made under Article 184(3), which grants the court jurisdiction in cases of public importance involving fundamental rights.

The ordinance also changes the practice for fixing urgent matters. Cases will now be heard on a first-come, first-served basis, except in cases where transparent criteria for urgency are provided. Any bench deviating from this order must record its reasons for doing so.

Tarar pointed out that delays in cases were caused by the non-availability of the third committee member in Islamabad. This issue has been resolved, as CJP Qazi Faez Isa nominated Justice Aminuddin Khan to replace Justice Munib Akhtar as the third member of the committee responsible for bench formation.

The amendments also impact how suo motu cases will be handled, requiring benches to explicitly state the public importance and fundamental rights being addressed in their decisions.

All reforms, according to Tarar, have been introduced with the common people in mind.