SHC Issues Notices Over Ordinance Challenging Constitutional Benches
The Sindh High Court (SHC) has taken a significant step in response to petitions challenging a recent ordinance. The court issued notices to key figures, including the Speaker of the Provincial Assembly (currently acting governor), the Chief Secretary, and the Law Secretary. These notices relate to two identical petitions contesting the legality of the Constitutional Benches of High Court of Sindh (Practice and Procedure) Ordinance. SindhNews.com
The ordinance in question grants exclusive jurisdiction over constitutional matters under Article 199 to the high court’s constitutional benches (CBs). The two-judge bench, composed of Justice Adnan Iqbal Chaudhry and Justice Muhammad Jaffer Raza, PA Speaker, Chief Secretary Face Notices in Benches Ordinance Challenge, also put the Advocate General on notice, with a hearing scheduled for November 27. SindhNews.com
Petitions and Legal Arguments
Two practicing lawyers, Barrister Ali Tahir and Advocate Mohammad Arshad, filed the petitions before the SHC. They are seeking to invalidate the ordinance, alleging several constitutional violations. Their arguments center on the idea that the ordinance oversteps constitutional boundaries, exceeds the legislative authority of the provincial assembly, and undermines judicial independence.
The petitioners, in their arguments, contested the governor’s power to issue an ordinance. They stated that the promulgation of the ordinance constitutes a significant intervention in the administration and adjudication of constitutional matters within the SHC. Further, they argued that the acting governor had issued it independently, without the advice of the chief minister and his cabinet, which they claim is a violation of Article 105 of the Constitution. SindhNews.com
Overruling Objections
The court acted after addressing preliminary objections raised by the SHC registrar’s office. The bench overruled several of these objections, including those concerning the examination of the ordinance’s validity under Article 199 of the Constitution.PA Speaker, Chief Secretary Face Notices in Benches Ordinance Challenge ,Another objection related to making the governor a party, given the immunity granted by Article 248. The bench also overruled this objection but did not issue a notice to the governor.
The petitioners raised concerns that the ordinance was more than a procedural matter. The counsel for the petitioners detailed Section 6 of the Ordinance. Barrister Tahir argued that declaring a judge’s refusal to accept nomination to the constitutional bench as potential misconduct goes beyond the provincial assembly and governor’s legislative purview.
The bench acknowledged the critical points raised. According to Article 128 of the Constitution, the governor’s power to promulgate an ordinance is not a replacement for an act of the provincial assembly. They noted it is to be utilized only in urgent matters. As a result, the court issued notices to the involved parties, excluding the governor. SindhNews.com
Conclusion
The SHC’s decision to issue notices marks an initial step in a legal process. The court’s proceedings will determine whether the ordinance is consistent with constitutional principles. The outcome of this case could significantly impact the administration of justice within the province and the jurisdictional powers of the SHC.