Practice and Procedure of the Supreme Court The impugned order before the LHC

The Supreme Court Practice and Procedure Amendment Ordinance, 2024 was challenged before the Lahore High Court in a petition seeking a declaration by the court that it was unconstitutional and that all orders or steps taken in this regard be quashed.

The petition has made this demand arguing that the sole objective of this order is to target PTI founding chairman Imran Khan and divide the judiciary.

The petitioner Munir Ahmed filed the petition through advocate Azhar Siddique, praying the court to declare this order ultra vires in view of 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 the Islamic Republic of Pakistan, 1973.

The petitioner's counsel has pleaded in the petition that any orders or steps taken under this order constitute violation of the fundamental rights provided for in the Constitution of the Islamic Republic of Pakistan, 1973.

He further requested the court to direct the respondents to share all information, details and documents required under Article 19-A of the Constitution of the Islamic Republic of Pakistan, 1973.

He argued that these amendments cannot be supported; therefore, the order should be withdrawn with immediate effect.

The petition highlights recent statements by Chief Justice of Pakistan Qazi Faez Isa, who questioned that “through ordinances, the will of one person is imposed on the entire nation. Isn’t this against democracy? Shouldn’t the President of the country provide detailed justifications along with the ordinances?”

According to the petition, the amending ordinance was adopted and sanctioned without following the required legislative process.

The petition argues that an emergency session of the National Assembly could have been called to adopt the ordinance, but this step was not taken.

The petition claims that the order should be withdrawn as it was adopted arbitrarily and in violation of established procedures.

The petition further points out that the issue addressed by the order is currently sub judice, meaning it is subject to judicial review by the Supreme Court of Pakistan.

The applicant submits that the President failed to carry out proper scrutiny before promulgating the Ordinance and that such amendments should have been adopted through the appropriate parliamentary channels.

The petition also alleged that the order was aimed at targeting Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan, calling the move a constitutional fraud.

She argues that the federal government and the President do not have the authority to issue such orders in the current circumstances and that the necessary amendments should have been made by an Act of Parliament.

The applicant claims that there was no urgency justifying the promulgation of the ordinance, especially since the previous law remains applicable and the constitutional courts operate in accordance with the law.

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