LHC seeks arguments on pleas maintainability

Petitions challenge presidential decree on SC bench formation powers

LAHORE:

The Lahore High Court (LHC) has directed its office to consolidate two similar petitions filed against the recently promulgated Supreme Court (Practice and Procedure) Amendment Ordinance, 2024.

The court has scheduled the presentation of arguments regarding the maintainability of the petitions at the next hearing on October 7. It has also sought assistance from the attorney-general for Pakistan and the advocate general of Punjab in the matter.

A single-member bench, led by LHC Chief Justice Aalia Neelum, presided over the hearing. During the session, Azhar Siddique, counsel for petitioner Munir Ahmed, called for an expedited hearing of the petitions.

Siddique argued that the matter is of significant importance, and any delay in hearing the petitions may render the petitions infructuous.

The chief justice noted that the court was already engaged with various important cases and would be unable to take up the case this week. "We will schedule it for a later date, which you can inquire about," she said.

During the hearing, Siddique also clarified that he had not moved the Supreme Court against the ordinance. The court later sought arguments from the petitioners on the maintainability of their pleas.

The court directed that a copy of Iftikhar Ahmed's petition be provided to the government lawyer. "Both petitions raise the same set of questions," noted the chief justice.

On September 20, President Asif Ali Zardari signed the Supreme Court (Practice and Procedure) Amendment Ordinance 2024, which introduced changes in the Supreme Court (Practice and Procedure) Act, 2023 that limited the chief justice's powers over bench formation.

Under the Supreme Court (Practice and Procedure) Act, 2023, a three-member committee comprising the chief justice of Pakistan and the two most senior SC judges was responsible for deciding the formation of benches and the listing of cases.