New review law stuns top court

An apex court bench hearing the Election Commission of Pakistan’s (ECP) review petition against its April order with regard to elections in Punjab on Monday adjourned the hearing for an indefinite period when the state’s top law officer revealed that a new law enlarging scope of review petitions had been enacted.

“The president has signed the Supreme Court (Review of Judgements and Orders) Bill, 2023. Under the new law, a larger bench will hear review petitions,” Attorney General for Pakistan (AGP) Mansoor Awan told a three-judge bench led by Chief Justice of Pakistan (CJP) Umar Ata Bandial.

The three-judge bench also comprising Justice Ijazul Ahsan and Justice Munib Akhtar on April 4 set aside an ECP notification and ordered the polls supervisory authority to hold polls for the Punjab Assembly on May 14. The ECP had later filed a review petition against the order.

When the AGP informed the bench that President Dr Arif Alvi had signed the bill, the bench appeared visibly surprised. "This is quite an interesting [development]," remarked CJP Bandial before adjourning the proceedings.

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 also received the seal of approval from the Senate—the upper house of parliament—on May 5.

The bill was sent for the approval of President Alvi, who on Friday signed the act into law. On Monday, the Senate Secretariat issued its gazette notification which the AGP also submitted to the apex court.

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.

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Article 184(3) of the Constitution of Pakistan 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 shall have the right to appoint any advocate of the Supreme Court of his choice for 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.

Talking to Express News, he claimed that this law is not person-specific.

“The Supreme Court (Practice and Procedure) Bill may have a bearing on [Pakistan Muslim League-Nawaz supreme leader] Nawaz Sharif but that bill has been suspended by the apex court,” he said.