PTI Chairman Gohar challenges Practice and Procedure Amendment Ordinance in SC

Pakistan Tehreek-e-Insaf (PTI) Chairman Gohar Ali Khan challenged the Supreme Court Practice and Procedure Amendment Ordinance in the Supreme Court (SC) on Thursday.

According to the 24NewsHD TV channel, PTI Chairman Gohar has submitted a petition to the Supreme Court. This marks the third petition filed against the ordinance in the apex court.

In his appeal, PTI Chairman Gohar has requested the court to declare the ordinance null and void, arguing that it infringes on fundamental rights and undermines the independence of the judiciary. 

He has also called for the suspension of the newly constituted judges' committee, which is responsible for forming benches until a final decision is reached. 

Additionally, he has urged the restoration of the previous Practice and Procedure Committee, asserting that the ordinance violates the Constitution and judicial autonomy.

This petition comes amid ongoing debates within the judiciary over the ordinance. Notably, on September 23, 2024, Justice Syed Mansoor Ali Shah, senior puisne judge of the Supreme Court, voiced his objections to the amendments. 

In a letter to the reconstituted Practice and Procedure Committee, Justice Monsoor criticised both the substance and the manner in which the amendments were enacted.

Justice Mansoor expressed concerns over the sudden reconstitution of the committee, which occurred just hours after the ordinance was promulgated. 

He also questioned the necessity of the ordinance's promulgation without parliamentary debate, suggesting it lacked the urgency required for such a measure. 

"The constitutional conditionality of the very act of promulgating the amending Ordinance also requires a judicial determination as no urgency has been spelt out that necessitated its promulgation, instead of a proper amending enactment through the Act of Parliament," Justice Mansoor Ali Shah pointed out.

Reporter: Amanat Gishkori