PBC Strongly Opposes Presidential Ordinance Amending PPA 2023

In a significant development in Pakistan's legal landscape, the Pakistan Bar Council (PBC), the country's largest body of lawyers, has voiced strong opposition to a recent Presidential ordinance that amends the Practice and Procedure Act 2023. This ordinance, issued on Friday, introduces changes to how the three-member bench-fixing committee is formed, the order in which cases are heard, and mandates that verbatim remarks of judges during hearings be recorded and made available as transcripts.

Farooq Hamid Naek, the vice chairman of the PBC, has raised serious concerns regarding the implications of this ordinance. He highlighted that the amendments grant the Chief Justice the authority to select or nominate any Supreme Court judge as the third member of the committee responsible for constituting benches and fixing cases. This change, according to Naek, undermines the original intent of the Supreme Court Practice and Procedure Act 2023, which was established after extensive advocacy from the legal community for a more structured and fair process.

Naek emphasized that the legal fraternity had welcomed the original legislation, viewing it as a victory for their long-standing demands. However, he criticized the recent amendments as a blatant disregard for the hard-fought rights of lawyers, especially since the Supreme Court had previously upheld the original law. He stated, "Through this ordinance, unilateral and arbitrary power has been given to the Chief Justice of Pakistan in the formation of the bench for hearing matters under Article 184(3) of the Constitution. This ordinance is thus an unjust law and violates the democratic procedure as laid down in the 2023 act for formation of the bench under Section 2 of the Supreme Court (Practice and Procedure) Act, 2023."

Naek further explained that ordinances are intended for temporary legislation, typically enacted in urgent situations when Parliament is not in session. He expressed his belief that this ordinance is a "bad law" that could harm the independence of the judiciary and the protection of fundamental rights, particularly those invoked under Article 184(3) of the Constitution by aggrieved individuals.

Moreover, Naek voiced his concerns regarding the manner in which constitutional amendments were proposed earlier in the week, criticizing the lack of transparency and the absence of consultation with stakeholders. He lamented that the ordinance was promulgated without parliamentary discussion, which he argued undermines the constitutional principle that the state should exercise its powers through elected representatives, thereby violating democratic norms.

Naek urged the government to engage with the Pakistan Bar Council regarding the ordinance before its issuance, similar to the consultation that took place for the proposed 26th Constitutional Amendments. He reiterated the PBC's commitment to upholding the Constitution, the rule of law, and the independence of the judiciary.

The PBC's opposition to the ordinance reflects a broader concern about the balance of power within Pakistan's judicial system. As the legal community continues to advocate for transparency and fairness, it is crucial for the government to consider the implications of such changes on the judiciary's independence and the fundamental rights of citizens. The ongoing dialogue between the government and legal stakeholders will be vital in ensuring that the principles of democracy and justice are upheld in Pakistan.