SC Practice and Procedure Act: SCBA submits reply to top court
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Supreme Court Bar Association (SCBA) President Abid Zubairi and PTI leader Niazullah Niazi submitted their written replies to the top court in the Practice and Procedure Act case.
According to the 24NewsHD TV channel, the SCBA president challenged the validity of the act and made a request to the court to declare it unconstitutional and illegal.
He stressed the act is against the fundamental rights and the independence of the judiciary and the parliament violated its constitutional powers by legislating it.
The court was told that the right of appeal in Article 184/3 can be granted only by constitutional amendment and a two-thirds majority is required but
It was argued that the law ‘deprives the chief justice of his constitutional mandate and it represents an overreach into judicial matters and that the right to appeal under Article 184(3) of the Constitution can only be given through constitutional amendment, requiring a two-thirds majority in parliament’.
When the law was enacted, it lacked the required two-thirds majority in parliament, the reply states, adding the law was crafted to serve the interests of specific individuals, which constitutes a breach of parliamentary oaths.