Supreme Court to hear pleas against review law today
Pakistan
A special bench headed by Chief Justice Umar Ata Bandial will hear pleas at 11:30am
ISLAMABAD (Dunya News) – The apex court will hear on Wednesday (today) the constitutional petitions filed against the new law to review its decisions under Supreme Court (Review of Judgements and Orders) Bill, 2023.
A special bench headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial and comprising Justice Ijazul Ahsan and Justice Munib Akhtar will take up the petitions filed against the law by Ghulam Mohiuddin and Zaman Khan Vardag at 11:30 am.
The petitioners have requested the court to declare the law ultra vires of the Constitution.
Background
The National Assembly on April 14 passed the Supreme Court (Review of Judgements and Orders) Bill, 2023, which was moved as a private member’s bill by MNA Shaza Fatima. The bill was approved by the Senate on May 5 and President Arif Alvi on June 2.
According to the statement of the objects and reasons of the act, “it is necessary to ensure fundamental rights to justice by providing for meaningful review of judgments and orders passed by the Supreme Court in exercise of its original jurisdiction under Article 184.”
It states that in case of judgment and orders of the Supreme Court in exercise of its original jurisdiction under Article 184 of the Constitution, the scope of review on both facts and law, shall be the same as an appeal under Article 185 of the Constitution.
Article 184(3) of the Constitution gives the Supreme Court the extraordinary power to assume jurisdiction over any “question of public importance with reference to the enforcement of any…fundamental right.”
Previously, the bench which issued the original judgment heard a review petition.
However, under the new law: “A review petition shall be heard by a bench larger than the bench which passed the original judgment in order. The review petitioner was given the right to appoint any advocate to plead the review petition.”
It says the right to file a review petition shall also be available to an aggrieved person against whom an order has been made under clause (3) of the Article 184 of the Constitution, prior to the recommendation of this legislation.
“The petition shall be filed within sixty days of the commencement of this legislative piece. The legislation shall have effect notwithstanding anything contained in any other law, rules or regulations for the time being in force of the judgment of any court including the Supreme Court and a high court.”
Under the new law, politicians including former prime minister Nawaz Sharif and Pakistan Tehreek-e-Insaf’s (PTI) former secretary general Jahangir Khan Tareen who were disqualified for life under Article 62 (1) (f) of the Constitution will also be able to file a review petition.
However, Federal Minister for Law Azam Nazeer Tarar said the new law—the Supreme Court (Review of Judgments and Orders) Act 2023—will not benefit Nawaz Sharif.
