SC verdict: Nawaz, Tareen unlikely to benefit in retrospection, say legal experts
Pakistan
SC verdict: Nawaz, Tareen unlikely to benefit in retrospection, say legal experts
ISLAMABAD (Dunya News) – While expressing their opinions on the apex court's today's verdict that dismissed a set of petitions contesting the Supreme Court (Practice and Procedure) Act 2023, legal experts on Wednesday held the belief that this decision will not be advantageous for former prime minister Nawaz Sharif and Istehkam-e-Pakistan Party founder Jahangir Tareen.
Both Sharif and Tareen face a lifetime disqualification under Article 62(1)(f) of the constitution.
Raja Amir Abbas, a legal expert, emphasised the significance of the court's verdict, as legal bodies had been demanding the right of appeal. He pointed out that the decision made by the full court would not benefit Nawaz Sharif because it would not have a retrospective effect.
Echoing similar sentiments, another legal expert, Irfan Qadir, mentioned that Nawaz Sharif could opt for a review. According to the law, a review could be requested within a 30-day period, he said while clarifying that the review process would be heard by the full court and would not be long drawn-out.
Iman Yousafzai, another legal expert, stated that, under the court's decision, Nawaz Sharif would not be able to take advantage of an appeal. He added that the common man had been granted the right to appeal and review under the Supreme Court's verdict.
The Supreme Court on Wednesday turned down the pleas against the Supreme Court (Practice and Procedure) Act 2023 with a 10-5 majority.
The verdict was announced by Chief Justice of Pakistan Qazi Faez Isa. The apex court hearing was streamed live on the state TV.
Reading the verdict, CJP Isa said, “a majority of 10-5 (Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Mazahar Ali Akbar Naqvi, Justice Ayesha A. Malik and Justice Shahid Waheed dissenting), the SC Practice and Procedure Act 2023 is sustained as being in accordance with the Constitution of the Islamic Republic of Pakistan and to this extent, the petitions are dismissed”.
The chief justice further said, “By majority of 9-6 (Justice Ahsan, Justice Akhtar, Justice Afridi, Justice Naqvi, Justice Ayesha and Justice Waheed dissenting) sub-section 1 of Section 5 of the Act (granting a right of appeal prospectively) is declared to be in accordance with the Constitution and to this extent, the petitions are dismissed.”
“By a majority of 8-7 (CJP Isa, Justice Sardar Tariq Masood, Justice Syed Mansoor Ali Shah, Justice Amin-ud-Din Khan, Justice Jamal Khan Mandokhail, Justice Athar Minallah and Justice Musarrat Hilali dissenting) sub-section (2) of Section 5 of the Act (granting a right of appeal retrospectively) is declared to be ultra vires the Constitution and to this extent the petitions are allowed,” the verdict added.
SC full bench headed by CJP Isa reserved the verdict earlier today on the pleas challenging the law after conducting a total of five hearings since Sept 18.
Read more: Full court upholds SC (Practice and Procedure) Act with 10-5 majority
The chief justice-led full bench comprises Justice Sardar Tariq Masood, Justice Ijazul Ahsan, Justice Syed Mansoor Ali Shah, Justice Munib Akhtar, Justice Yahya Afridi, Justice Aminuddin Khan, Justice Sayyed Mazahar Ali Akbar Naqvi, Justice Jamal Khan Mandokhel, Justice Muhammad Ali Mazhar, Justice Ayesha A. Malik, Justice Athar Minallah, Justice Syed Hasan Azhar Rizvi, Justice Shahid Waheed and Justice Musarrat Hilali.
