- Petitioner says ‘controversial’ Ordinance aims at targeting PTI founder and division in judiciary
LAHORE: A day after President Asif Ali Zardari signed off the ordinance, the Lahore High Court was petitioned against the ‘controversial’ Supreme Court Practice and Procedure Amendment Ordinance, 2024 on Saturday, seeking the court to annul ‘the law’ as unconstitutional.
Munir Ahmed filed the petition through Advocate Azhar Siddique, arguing that the enactment of the ‘controversial’ Ordinance aimed targeting PTI founder chairman Imran Khan and to divide the judiciary.
The petitioner requested the court to declare the Ordinance ultra vires in view of Articles 9, 10, 10-A, 14, 17, 25, 37, 38, 46, 48, 75 & 89 read with Articles 4 & 5 of the Constitution 1973.
He implored that all orders or actions taken pursuant this Ordinance are in violation of the fundamental rights provided in the Constitution.
The federal government and others have been made respondents in the petition.
It has been argued in the petition that the presidential ordinance was based on mala fide intentions. It said that the apex court had given its verdict on the Practice and Procedure Act, adding that powers of the SC couldn’t be changed through the ordinance.
Through the petition, he further requested the court to direct the respondents to share all the relevant information, details and document(s) under Article 19-A of the Constitution, noting the amendments can’t be supported; therefore, the Ordinance should be withdrawn with immediate effect.
The petition highlighted recent statements made by the Chief Justice of Pakistan Justice Qazi Faez Isa, who had questioned “through ordinances, the will of one person is imposed on the entire nation. Isn’t this against democracy? Shouldn’t the president of the country provide detailed justifications along with the ordinances?”
The petitioner submitted the Amended Ordinance was passed and given assent without adherence to the required legislative process, urging for its withdrawal as it was passed arbitrarily and in violation of established procedures.
He further pointed out that the matter addressed by the ordinance is currently sub judice and the President failed to apply due consideration before promulgating the ordinance.
The petition also alleges that the ordinance aimed at targeting PTI founder Imran Khan, characterising the move as a constitutional fraud.
The petitioner asserts that there was no emergency justifying the promulgation of the ordinance, especially given that the previous Act remains applicable and constitutional benches are operating according to the law.
