Bill on right to appeal in suo motu cases gets Senate’s nod
The Senate on Friday passed the Supreme Court (Review of Judgements and Orders) Bill, 2023 -- pertaining to the right of appeal in suo motu cases --amid the opposition’s uproar, at a time when parliament and the judiciary are engaged in a row with each other.
The bill, which was passed by the National Assembly just a few days ago, was tabled in the upper house of parliament by PML-N’s Irfan Siddiqui. A total of 32 votes were cast in its favour against the 21 that opposed it. The bill was tabled amid opposition by PTI senators.
The opposition party’s senators not only tore copies of the bill but also shouted slogans of “fake bill unacceptable” and “imported government unacceptable” in the House, as they surrounded Chairman Sadiq Sanjrani's dais.
The bill read it was necessary to ensure the fundamental right to justice by providing for a “meaningful review” of the apex court’s judgments and orders in the exercise of the SC’s original jurisdiction as described in Article 184 of the Constitution.
It aims at “facilitating and strengthening” the apex court in exercise of its powers to review judgments and orders by enlarging the review jurisdiction.
It stated that the scope of review on facts and law in case of SC judgments and orders while exercising jurisdiction under Article 184, would be the same as an appeal under Article 185.
Apart from this, it would enable the constitution of a larger bench than the original one for a review petition and grant the right to appoint a lawyer of one’s choice among other things.
Importantly, the new bill will have a retrospective effect and judgments or any orders passed before its enactment can be reviewed.
“The provisions of this Act shall have effect notwithstanding anything contained in any other law, rules or regulations for the time being in force or judgement of any court including the Supreme Court and a high court,” one of its clauses stated.
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Another section of the bill read: “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 Article 184 of the Constitution, prior to the commencement of this Act, provided that the review petition under this section shall be filed within 60 days of the commencement of the Act.”
Speaking about the bill, Federal Law Minister Azam Nazeer Tarar said it carried four sections, which were in line with Article 188 of the Constitution.
The minister maintained that the bill neither disrespected parliament nor the courts.
He added that the legislation was procedural in nature.
The minister regretted the chaos created by the PTI senators in the House.
He added that this House had a sanctity which needed to be fully respected. He emphasised the need for moving forward in a spirit of patience and tolerance.
Leader of the Opposition Dr Shahzad Waseem claimed that the government was trying to hide behind parliament.
“Stop playing with the Constitution,” he added.
He raised the question that was not parliament supreme when the parties in the current ruling coalition had refused to accept former NA deputy speaker Qasim Suri’s ruling over the no-confidence resolution against PTI chairman and deposed premier Imran Khan.
Taking the floor, Federal Education Minister Rana Tanveer Hussain said the books of O-level carrying objectionable material had been confiscated.
He assured the House that in future A- and O-level books would be properly scrutinised.
The Senate also passed The Private Power and Infrastructure Board Amendment Bill, 2023 and the Kalam Bibi International Women Institute, Bannu Bill 2023.
Finance Minister Ishaq Dar presented a report of the parliamentary committee in connection with examining the amendments proposed by the electoral watchdog to the Elections Act, 2017.
The Election Commission of Pakistan (ECP) had sent a draft of the proposed amendments along with a letter justifying them to the parliamentary affairs ministry last month.
The Senate also passed a resolution expressing deep grief and sorrow over the death of former senator Enver Baig.
(With input from agencies)