AGP help sought on plea against Ordinance

Petition argues that all orders or actions taken under the Ordinance violate fundamental rights

LAHORE:

Lahore High Court (LHC) Chief Justice Aalia Neelum has sought assistance from the attorney general of Pakistan and the advocate general Punjab on a petition challenging the Supreme Court Practice and Procedure Amendment Ordinance, 2024.

The court issued the directive after announcing its reserved decision.

The petitioner, through his counsel Advocate Azhar Siddique, requested that the court declare the Ordinance unconstitutional and set aside all related orders or actions, claiming its sole objective is to target Pakistan Tehreek-e-Insaf (PTI) chairman Imran Khan and divide the judiciary.

During the proceedings, Siddique argued that the Ordinance was enacted with vested interests and questioned the necessity of such legislation, particularly in the presence of parliament and without any urgent circumstances warranting its passage.

He said that the powers of the Supreme Court cannot be curtailed through ordinances, and argued that the matter directly relates to the judiciary's independence and fundamental rights. On the other hand, Additional Attorney General Mirza Nasar Ahmad urged the court to dismiss the petition, asserting that it was not maintainable and should be heard by the Supreme Court instead.

He added that the Ordinance had already been challenged in the Supreme Court, and a similar petition in the Sindh High Court had also been reserved for judgment.

Petitioner's argument

The petitioner, Munir Ahmed, filed the petition through Advocate Azhar Siddique, praying for the court to declare the Ordinance ultra vires under several articles of the Constitution, including Articles 9, 10, 10-A, 14, 17, 25, 37, 38, 46, 48, 75, and 89, read with Articles 4 and 5 of the Constitution of Pakistan, 1973.

The petition further argued that all orders or actions taken under the Ordinance violate fundamental rights and requested that the respondents share all required information under Article 19-A of the Constitution.

Siddique submitted that the amendments could not be justified and called for the immediate withdrawal of the Ordinance.

He cited a recent statement by the chief justice of Pakistan, which questioned the democratic legitimacy of imposing ordinances without parliamentary debate: "Through ordinances, the will of one person is imposed on the entire nation.