The Pakistan Bar Council (PBC) and Supreme Court Bar Association (SCBA) have voiced strong objections to the recently promulgated ordinance amending the Supreme Court (Practice and Procedure) Act of 2023. Both organizations have termed the ordinance a threat to judicial independence and detrimental to the protection of fundamental rights.
PBC Vice Chairman, Farooq H. Naek, emphasized that the amendment undermines the democratic process concerning the formation of benches, an important aspect of judicial independence. Naek argued that the original Act was the result of the legal community’s struggle, and this ordinance goes against that hard-earned progress.
Similarly, SCBA President Muhammad Shahzad Shaukat expressed disappointment, noting that the ordinance effectively undermines the Supreme Court Practice and Procedure Act 2023, which was already upheld by the Supreme Court. Both bodies have urged restraint, warning that such moves could lead to a conflict between the judiciary and parliament, which could destabilize the democratic system.
These statements underline the concern that this ordinance may impact the balance between different institutions of governance in Pakistan.