A larger bench of the Peshawar High Court has directed the additional attorney general to seek instructions from the attorney general of Pakistan on petitions filed against the proposed constitutional amendments by the federal government. The court ordered the presentation of arguments at the next hearing so the case can be decided and adjourned matters till October 22.
The hearing, presided over by Chief Justice Ishtiaq Ibrahim and comprising Justice Syed Arshad Ali and Justice Waqar Ahmed, began with petitions filed against the proposed constitutional amendments. Advocate Ali Gohar Durrani, representing petitioner Bushra Gohar, was present in court, as was Additional Attorney General Sanaullah and K-P Advocate General Shah Faisal Uthman Khel.
The additional attorney general informed the court that no one had been appointed by the attorney general for this case. He also noted that a similar case is scheduled for hearing in the Supreme Court of Pakistan on October 17, and, therefore, requested an adjournment of this case.
However, the petitioner's lawyer argued that the case in the Supreme Court is different and not related to this one, emphasising that the grounds of their petition challenge the proposed amendment package, which is a separate matter.
During the hearing, Justice Arshad Ali inquired about the case in the Supreme Court. The AAG explained that the Sindh High Court had issued a ruling in a similar case, stating that the petitioner, being unaffiliated with any political party, made the writ ineffective. "The Sindh High Court had dismissed the petition on those grounds."
In response, Justice Arshad Ali questioned whether the Peshawar High Court is bound by the Sindh High Court's decision, to which Advocate Ali Gohar Durrani argued that it is not. The AAG further informed the court that discussions with the Federal Law Minister have taken place, and consultations on the amendments are ongoing with opposition parties and other political groups.
He added that changes are being made, and the draft cannot be made public until the process is complete. Justice Arshad Ali remarked that if consultations are happening, the draft will only be made public once a conclusion is reached.
The petitioner's lawyer responded that they came to court because of what transpired on September 14. He explained that a session of the National Assembly was convened on a Sunday morning, repeatedly adjourned throughout the day, and at 10 PM, the law minister announced he had just received the draft. He contrasted this with the 18th Amendment, which took nine months of consultation. He further emphasised that the petitioner is a citizen of Pakistan, not affiliated with PTI, and the public has the right to know what amendments are being proposed.
The chief justice then asked the additional attorney general if he would argue the case, to which he replied that he would act according to the instructions of the AG. The court instructed him to consult with the attorney general, and the hearing was adjourned until 1pm on October 22.
Practice and Procedures Ordinance
The larger bench of the PHC has instructed the AAG to consult with the AGP to determine who will present the government's arguments in a petition filed by the Peshawar District Bar Association against the Practice and Procedure Ordinance 2024. The court adjourned the hearing until October 22.
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