Afrasiab challenges Practice and Procedure ordinance

Petition in SC argues law undermines judiciary's independence

ISLAMABAD:

Senior politician Afrasiab Khattak and Digital Rights Activist Farieha Aziz filed a petition in the Supreme Court on Wednesday, challenging the recently promulgated Practice and Procedure Amendment Ordinance.

The petitioners argue that the ordinance undermines the judiciary's independence and violates constitutional provisions.

The petition, filed under Article 184(3) of the Constitution, contends that the ordinance does not meet the requirements outlined in the Constitution for promulgating such ordinances and specifically targets Section 2, which they claim compromises judicial independence.

The petitioners urged the apex court to declare the ordinance unconstitutional and strike it down under Article 89 of the Constitution.

According to the petition, "Section 2 of the ordinance, which pertains to the constitution of a three-member bench-fixing committee, violates fundamental rights."

Previously, the committee consisted of the chief justice and the two senior-most judges of the Supreme Court. However, the amendment altered this composition, allowing the chief justice to nominate any other judge of the court in place of the second senior-most judge.

"This petition raises a question of public importance with reference to enforcement of the fundamental rights conferred by the Constitution of the Islamic Republic of Pakistan, 1973 (the 'Constitution')," the petition stated.

The petitioners argued, "Any interference in judicial independence is tantamount to a denial of access to justice to citizens."