A constitutional bench of the Supreme Court has dismissed three petitions challenging the Supreme Court (Practice and Procedure) Act.
The bench declared that the ordinance in question had expired and was subsequently replaced by legislation enacted by Parliament.
Petitions were filed by Afrasiab Khattak, Iftikhar-ul-Haq, and Akmal Bari, seeking to nullify the ordinance and the actions taken under it. However, Justice Aminuddin Khan noted that the ordinance had ceased to exist. Justice Muhammad Ali Mazhar emphasized that Parliament had already passed a law replacing the ordinance.
During the proceedings, the petitioners’ counsel argued for the annulment of the committee formed under the ordinance. In response, Justice Jamal Khan Mandokhail clarified that once a law is enacted, the ordinance automatically becomes invalid. Justice Mazhar further explained that the committee established under the ordinance had also been dissolved, but its decisions were protected under the pass-and-close transactions principle.
The bench reiterated that under the Constitution, the President of Pakistan has the authority to issue ordinances when necessary.
