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President Zardari Signs Controversial Supreme Court Amendment

The Supreme Court Bar Association of Pakistan (SCBAP) has raised strong objections to the recent amendments in the Supreme Court Practice and Procedure Act 2023.

These amendments, introduced through an ordinance, have sparked outrage within the legal community, with SCBAP describing the changes as a direct affront to the judiciary and the progress made in ensuring transparency and justice.

The association’s leadership, including President Muhammad Shahzad Shaukat and Secretary Syed Ali Imran, along with the 26th Executive Committee, expressed deep dismay at the new legislation, calling it a significant blow to judicial independence. They argue that the ordinance undermines the foundational goals of the original Act, which had sought to enhance access to justice and reinforce the role of the judiciary in upholding constitutional protections.

SCBAP’s Strong Opposition

In a press release issued on Saturday, SCBAP voiced its “deep remorse and anguish” over the promulgation of the ordinance, labeling it as a “clear defiance” of the legal community’s long-standing struggle.

The Supreme Court Practice and Procedure Act 2023 had been seen as a significant achievement for the judiciary, promoting transparency and equity in legal proceedings. SCBAP warned that the recent amendments, introduced without consultation or proper discourse, effectively “amount to a repeal” of the original Act.

The ordinance was particularly alarming to SCBAP because the original Act had already been upheld by the Supreme Court of Pakistan. By introducing these changes, the government has not only reversed key aspects of the 2023 law but also undermined the very authority of the judiciary.

SCBAP expressed concern that this ordinance could erode the constitutional safeguards that the original Act had established, setting a dangerous precedent for the future.

Threat to Judicial Independence

One of SCBAP’s major concerns is the threat these amendments pose to judicial independence. According to the association, the original Supreme Court Practice and Procedure Act played a crucial role in strengthening the judiciary by providing a more equitable judicial process. It enhanced access to justice and upheld fundamental rights, ensuring that the legal system functioned in a transparent and fair manner.

However, the recent amendments, according to SCBAP, “pose a serious threat to the independence of the judiciary” and could have detrimental consequences for Pakistan’s constitutional framework. The association warned that these changes undermine the Supreme Court’s ability to protect fundamental rights and threaten the impartiality of the judiciary.

SCBAP also highlighted growing tensions between Parliament and the judiciary, cautioning that the two institutions are on a collision course that could destabilize the country’s democratic system.

“If both sides do not exercise restraint, it can derail the whole system,” the association noted in its statement, urging all stakeholders to uphold the sanctity of the Constitution. SCBAP called for a united effort among members of the government, Parliament, and judiciary to protect judicial independence and prevent further erosion of constitutional protections.

President Zardari Signs Controversial Ordinance

On Friday, President Asif Ali Zardari signed the Supreme Court (Practice and Procedure) Amendment Ordinance 2024, which sparked the current controversy. This ordinance significantly alters the Chief Justice of Pakistan’s (CJP) authority, reducing his power over the formation of benches that hear important cases, including suo motu matters.

The federal cabinet approved the amendments, which alter key provisions of the 2023 Act. Information Minister Attaullah Tarar explained that the changes aim to “serve the public interest and enhance the transparency of the judicial process.” However, the legal community has questioned whether these changes will truly benefit the public, or whether they are designed to exert greater control over the judiciary.

The 2023 Act, upheld by the Supreme Court in October, had established that a three-member bench, including the CJP and the two senior-most judges, would decide whether to take up suo motu cases.

The new ordinance changes this by allowing the CJP to head the committee but giving him the power to appoint any other judge as the third member, rather than requiring it to be one of the senior-most judges. This shift in authority has raised concerns about the impartiality and fairness of bench formation.

Additionally, the ordinance introduces new procedures for handling urgent cases. These cases will now be heard on a first-come, first-served basis, unless there is a clear justification for urgency. Any bench deviating from this order must explain its reasons in writing. The amendments also extend the right to appeal in any judgment made under Article 184(3), which grants the Supreme Court jurisdiction in cases of public importance involving fundamental rights.

Information Minister Tarar defended these changes, stating that they were designed to address delays caused by the unavailability of committee members and to ensure that cases of public importance were handled more efficiently. For instance, CJP Qazi Faez Isa recently nominated Justice Aminuddin Khan to replace Justice Munib Akhtar as the third member of the bench formation committee, addressing a key issue in the court’s operations.

SCBAP’s press release concluded with a call for restraint, urging all parties to work together to resolve these tensions without compromising Pakistan’s legal and democratic institutions. The association reiterated that the original Supreme Court Practice and Procedure Act had been a critical step in strengthening the judiciary, promoting transparency, and safeguarding the fundamental rights of the people of Pakistan.

As the legal and political debate around these amendments intensifies, SCBAP’s objections highlight the broader concerns over the independence of Pakistan’s judiciary and the potential impact on the country’s democratic framework.

The legal fraternity continues to push for the preservation of constitutional protections, warning that any further erosion of judicial authority could have devastating consequences for Pakistan’s democratic institutions.

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