- Web Desk
- 14 Minutes ago
SCBA president seeks to nullify ‘practice and procedure law’
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- Javed Somroo
- Sep 26, 2023
ISLAMABAD: Supreme Court Bar Association (SCBA) President Abid Zubairi has submitted a written reply to the Supreme Court, challenging the validity of the Supreme Court (Practice and Procedure) Act 2023 — a law that calls for the constitution of a committee of three senior judges to set up benches on cases involving constitutional matters of public importance.
In the reply, Zubairi said that the act is a violation of fundamental rights.
He said that the law infringes upon the judiciary’s independence, and the parliament violated its constitutional powers by legislating it.
The reply said that it also encroaches upon the discretion of the chief justice regarding judicial powers.
Zubairi pleaded to declare the law as unconstitutional and null and void.
Meanwhile, Pakistan Tehreek-e-Insaf (PTI) leaders Niazullah Niazi also submitted his reply to the Supreme Court.
Niazi contended that the Practice and Procedure Law has stripped the chief justice of his constitutional mandate.
He argued that the law 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.
He said that when the law was enacted, it lacked the required two-thirds majority in parliament. The PTI leader said that the law was crafted to serve the interests of specific individuals, which constitutes a breach of parliamentary oaths.
The Supreme Court has embarked on the crucial task of evaluating the constitutionality of the Practice and Procedure Law and the admissibility of the petitions filed against it.
This landmark case will undoubtedly have far-reaching implications for Pakistan’s legal landscape, with the potential to reshape the balance of power within the government.
The decision is eagerly awaited by legal experts and citizens alike, as it grapples with the intersection of constitutional principles and parliamentary authority.
