ISLAMABAD: Pakistan Tehreek-e-Insaf (PTI) has filed a challenge against the Practice and Procedure presidential ordinance in the Supreme Court.
PTI chairman Barrister Gohar submitted a petition seeking to declare the ordinance unconstitutional. The petition requests a stay on the formation of a new Practice and Procedure Committee until the case is heard, allowing the existing committee to continue its functions during the proceedings.
The federal government, the law ministry, and the secretary to the president have been included as parties in the petition.
Previously, PTI had also filed a petition in the Sindh High Court against the amendment of the Supreme Court Practice and Procedure Act through the presidential ordinance, naming the federation, the secretary of the cabinet, and the secretary of parliamentary affairs as respondents.
The petition highlights that Chief Justice Qazi Faez Isa set three conditions for the promulgation of an ordinance, emphasizing that emergency and immediate need are essential elements. The petition argues that there is currently no calamity or emergency situation justifying the ordinance, which was issued despite the presence of parliament, rendering it unconstitutional.
The petitioner contends that, in light of the apex court’s decision, the law cannot be amended via ordinance. This challenge follows recent amendments to the Supreme Court Practice and Procedure Act of 2023 through a presidential ordinance.
