PBC, SCBA alarmed over amendments
The legal fraternity sounded alarms on Saturday about the federal government's move to introduce amendments to the Supreme Court Practice and Procedure Act through a presidential ordinance, warning that the move sets a dangerous precedent and risks turning the judiciary into a political football.
Both the Pakistan Bar Council (PBC) - the premier regulatory body of lawyers and the Supreme Court Bar Association (SCBAP) expressed reservations about the controversial move.
In a statement, the PBC voiced its objection to the use of a presidential ordinance for amendments, arguing that it deviates from the long-standing demand of the legal fraternity regarding the appointment of cases and the formation of benches.
It stated that bringing amendments via presidential ordinance was a departure from the demands of the lawyers.
The PBC reiterated that an ordinance should only be issued in cases of urgent necessity, yet the amendments have empowered the Chief Justice with unilateral authority to form benches and schedule cases.
"Issuing such an ordinance is inappropriate and goes against the democratic traditions of the Practice and Procedure Act 2023," the council asserted.
The vice chairman of the PBC also expressed reservations about the method adopted by the government for introducing these amendments, stressing that any changes should first be presented before the PBC for consultation.
The council further warned that bypassing the legislative process with a presidential ordinance undermines the spirit of the Act.
Meanwhile, the SCBAP has also voiced strong objections to the recent ordinance amending the Supreme Court Practice and Procedure Act 2023.
SCBAP President Muhammad Shahzad Shaukat, Secretary Syed Ali Imran, and the 26th Executive Committee expressed "deep remorse and anguish" over the ordinance's promulgation, calling it a direct affront to the legal community's efforts.
In a press release, SCBAP described the ordinance as "a clear defiance" of the legal community's long struggle, which culminated in the passage of the Act.
The Act had been hailed as a major step towards judicial transparency and fairness.
The body raised alarms over the timing and manner in which the ordinance was issued, arguing that it effectively "amounts to a repeal" of the original Act, which had already been upheld by the Supreme Court.
The association cautioned that such actions could undermine judicial authority and erode the constitutional protections the original Act aimed to safeguard.
SCBAP strongly emphasised that the original 2023 Act played a pivotal role in strengthening the judiciary by enhancing access to justice and upholding fundamental rights enshrined in the Constitution.
According to the association, the recent amendments not only reverse this progress but also pose a serious threat to judicial independence.
The amendments, SCBAP warned, are "detrimental to the Constitution, the independence of the judiciary, and the protection of fundamental rights."
The legal body reiterated that the original Act had ensured a more equitable judicial process, promoting transparency and reinforcing public trust in the judiciary.
SCBAP also expressed grave concern over the escalating tensions between Parliament and the judiciary, warning that the two institutions are on a "collision course" with potentially devastating consequences for democracy and the supremacy of the Constitution.
The association called on all stakeholders, including the government, Parliament, and the judiciary, to respect the sanctity of the Constitution and work together to maintain the country's legal framework.
In a plea to prevent further conflict, the association urged all parties to exercise restraint and resolve their differences without undermining Pakistan's democratic and constitutional institutions.