ISLAMABAD: The Supreme Court (SC) of Pakistan’s Constitutional Bench dismissed petitions challenging the SC Practice and Procedure Ordinance on Thursday, ruling that the ordinance had already lapsed following the enactment of the law.
The bench, headed by Justice Aminuddin Khan, stated that Parliament had enacted laws concerning practice procedures, rendering the ordinance null and void. Justice Jamal Khan Mandokhail further emphasized that the ordinance automatically lapsed with the enactment of the law. Justice Muhammad Ali Mazhar also pointed out that laws regarding practice procedures had been established by Parliament after the ordinance.
The petitions were filed by Pakistan Tehreek-e-Insaf (PTI) Chairman Barrister Gohar, Afrasiab Khattak, Ihtisham Haq, and Akmal Bari, among others.
Justice Muhammad Ali Mazhar added that while the committee formed under the ordinance had ceased to exist, its decisions remained protected.
On the issue of the President’s authority to issue ordinances, Justice Mandokhail affirmed that the Constitution grants the President this power. Earlier, the PTI chairman had challenged the presidential ordinance, seeking to have it declared unconstitutional.
The petition sought to prevent the formation of a new Practice and Procedure Committee until the petition was heard, and requested that the old committee be allowed to function during the proceedings. The federal government, law ministry, and the secretary to the president were named as respondents in the case.
