Amendment ordinance challenged in top court

Petitioner seeks suspension, claims law contradicts democracy principles

ISLAMABAD:

The Supreme Court (Practice and Procedure) Amendment Ordinance 2024, which changed the composition of a three-judge committee, has been challenged before the apex court.

Advocate Chaudhry Ehtisham-ul-Haq has filed a petition in the SC challenging the recently enacted Ordinance.

The petitioner has requested the court to declare the ordinance unconstitutional, arguing that it contradicts the principles of parliamentary democracy.

He also demanded the ordinance's suspension until a final ruling was made, pointing out that the SC had previously ruled that such ordinances could only be issued in emergency situations.

The legal challenge follows the federal government's move last week to amend the Supreme Court (Practice and Procedure) Act of 2023.

President Asif Ali Zardari had signed the amendment into law, following approval from the federal cabinet.

According to government ministers, the ordinance was introduced to "serve the public interest."

The amendment modifies the process of forming a three-judge panel, which hears cases under Article 184(3) of the Constitution, often referred to as the apex court's suo motu jurisdiction.

Previously, the panel was required to consist of the three senior-most judges of the Supreme Court.

The new amendment, however, allows the Chief Justice of Pakistan (CJP) to appoint any SC judge as the panel's third member.