September 21, 2024

PRESS RELEASE

Mr. Farooq Hamid Naek, Vice Chairman of the Pakistan Bar Council, has expressed serious concerns upon promulgation of an Ordinance by the Federal Government, wherein the Supreme Court Practice and Procedure Act, 2023 has been amended and Chief Justice of Pakistan has been given power to pick/nominate any Judge of the Supreme Court as third Member of the Committee to constitute Benches and fix cases before them.

2. He expressed that it was longstanding demand of the Pakistan Bar Council and legal community that Committee of senior Judges should be constituted to decide constitution of Benches and fixation of cases and the Supreme Court Practice and Procedure Act, 2023 was the outcome of struggle of the legal fraternity and lawyers who welcomed and appreciated when this Act was enacted and now amendment in the said Act through Ordinance is a clear defiance of the long standing struggle of lawyers. The said legislation had already been upheld by Supreme Court of Pakistan too.

3. Ordinance which is a temporary legislation is only issued when there is an emergent need and Parliament in not in Session to make laws. Through this Ordinance unilateral and arbitrary power has been given to Chief Justice of Pakistan in the formation of the Bench for hearing mattes under Article 184(3) of the Constitution. This Ordinance is thus an unjust law and violates the democratic procedure as laid down in the Act, 2023 for formation of Bench under Section 2 of the Supreme Court (Practice and Procedure) Act, 2023.

4. He was of the view that this is a bad law and detrimental to the independence of Judiciary and protection of fundamental rights for which Article 184(3) of the Constitution is invoked by an aggrieved person.

5. He also expressed its deep concern over the manner on which the Constitutional amendments were proposed to be passed by the Parliament in secrecy and in dead of

night without consulting the stake holders and now this Ordinance has been promulgated without discussing the same in the Parliament which has put naught the provision of the Constitution that provides that the state shall exercise its powers through the chosen representatives of the people as well as principles of democracy and sovereignty of Parliament.

6. He was of the view that Government should have engage the Pakistan Bar Council in this matter too before its promulgation, as it has shared draft of proposed 26th Constitutional Amendments for our input. He said that the Pakistan Bar Council has always supported and struggled for the supremacy of the Constitution, Rule of Law and independence of Judiciary, as enshrined in the Constitution.

7. He, therefore, called upon the Government to place the said Ordinance before the Executive Committee of Pakistan Bar Council for seeking their opinion on the question whether such an Ordinance has secured the independence of Judiciary as well as sovereignty of Parliament in legislating laws.

SECRETARY