ISLAMABAD: The Supreme Court Bar Association of Pakistan (SCBAP) has voiced strong objections against the recent ordinance amending the Supreme Court Practice and Procedure Act 2023.
President of SCBAP Muhammad Shahzad Shaukat, and Secretary Syed Ali Imran, along with the 26th Executive Committee, expressed “deep remorse and anguish” over
the promulgation of the ordinance, calling it a direct insult to the long-standing efforts of the legal fraternity.
In an official press release on Saturday, the SCBAP described the ordinance as “a clear defiance” of the legal community’s struggle, which had culminated in the establishment of the Supreme Court Practice and Procedure Act 2023.
The Act had been seen as a significant step forward for the judicial system, aiming
to ensure a more transparent and equitable legal process. The SCBAP also raised alarms over the timing and method of the ordinance’s issuance, which they argue effectively “amounts to a repeal” of the Act.
“This is unacceptable particularly when the said legislation had already been upheld by the Supreme Court of Pakistan,” the press release states.
The association expressed concern that such a move undermines the authority of the judiciary and erodes the constitutional protections that the original Act sought to safeguard.
SCBAP strongly emphasised that the original Act played a “pivotal role in strengthening the Supreme Court by enhancing access to justice and upholding the fundamental rights enshrined in the Constitution.” The association highlighted that these amendments not only reverse this progress but also pose a serious threat to the independence of the judiciary.
The amendments, SCBAP warned, are “detrimental to the Constitution, the independence of the judiciary, and the protection of fundamental rights.” The organisation reiterated that the original 2023 Act had ensured a more equitable judicial process, providing greater transparency and reinforcing trust in the
judicial system.
The SCBAP also expressed “grave concern” about the growing tension between Parliament and the Judiciary, warning that the two institutions are on a “collision course” that could have devastating effects on democracy and the supremacy of the Constitution. “If both sides do not exercise restraint, it can derail the whole system,” the association cautioned.
SCBAP called upon all stakeholders, including members of the government, Parliament, and the judiciary, to uphold the “sanctity of the Constitution” and protect the independence of the judiciary. The association stressed the importance of safeguarding the fundamental rights of the people of Pakistan, urging a united effort to maintain the country’s democratic and constitutional framework.
