PESHAWAR: The Peshawar High Court (PHC) has fixed a hearing for a petition challenging an ordinance that amended the Supreme Court Practice and Procedure Ordinance.
The petition, filed by the Peshawar District Bar, contests the ordinance issued by President Asif Ali Zardari, which modified the Supreme Court (Practice and Procedure) Act of 2023.
The Peshawar District Bar contends in its plea that the ordinance approved by the president is "unlawful" and has requested the court to declare it null and void. A PHC bench, comprising Chief Justice Ishtiaq Ibrahim and Justice Waqar Ahmed, will hear the case on Tuesday.
Previously, the Pakistan Tehreek-e-Insaf (PTI) also challenged the amendment in the Supreme Court Practice and Procedure Act in the Supreme Court. PTI chairman Barrister Gohar filed a petition against the presidential ordinance, calling it unconstitutional.
The petition asked to halt the formation of a new Practice and Procedure Committee until the matter is heard and requested the existing committee be allowed to continue its work during the hearing.
The federal government, law ministry, and the president's secretary were also named as parties in the petition.
Federal Minister for Information Attaullah Tarar explained that the ordinance aims to enhance transparency in the judicial process. He said the president issued the ordinance after approval by the federal cabinet. Under the amendment, the court will now handle cases in the order they are filed, with earlier cases being prioritized.
Tarar also mentioned that a committee had been established under the Practice and Procedure Act, headed by the Chief Justice of the Supreme Court, with the puisne judge and a third senior judge as members.
According to the new ordinance, the Chief Justice will chair the committee, while the puisne judge and a third Supreme Court judge will serve as members. The Chief Justice will also have the authority to periodically appoint another Supreme Court judge to the committee as needed.
The minister further noted that delays in handling cases were caused by the unavailability of the third committee member in Islamabad.
