The Supreme Court Bar Association of Pakistan (SCBAP) has raised serious concerns over the recent ordinance amending the Supreme Court Practice and Procedure Act 2023. In a statement, President Muhammad Shahzad Shaukat and Secretary Syed Ali Imran expressed their deep discontent, viewing the ordinance as a significant setback to the ongoing efforts of the legal community to strengthen judicial independence and protect constitutional rights. They described the enactment of this ordinance as a direct affront to the hard-won achievements that culminated in the establishment of the original Act.
The SCBAP’s press release highlighted that the amendments represent a “clear defiance” of the legal fraternity’s relentless struggle for a more transparent and equitable judicial system. The original Act was celebrated as a milestone in ensuring that justice is accessible to all, and its recent modification is seen as an attempt to undermine this progress. The association expressed alarm over the timing and method of the ordinance’s issuance, arguing that it effectively nullifies the gains made through the Supreme Court Practice and Procedure Act 2023.
In their statement, the SCBAP underscored that the amendments threaten not only judicial independence but also the fundamental rights that the original legislation sought to safeguard. They emphasized that these changes could lead to a dangerous precedent, eroding public trust in the judiciary. Moreover, the SCBAP warned of the growing rift between the Parliament and the Judiciary, cautioning that without restraint, this tension could jeopardize the very foundations of democracy in Pakistan.
Additionally, the SCBAP called upon all stakeholders, including government officials and members of the judiciary, to respect the sanctity of the Constitution and work collaboratively to uphold the independence of the judicial system. They urged a united approach to maintaining the democratic framework, emphasizing that the judiciary plays a pivotal role in protecting the rights of citizens. Ultimately, the SCBAP’s position reflects a commitment to ensuring that judicial reforms prioritize accountability, transparency, and the rule of law, essential elements for the health of any democracy.
