SC takes up pleas against review law tomorrow

Three-judge special bench led by CJP Umar Ata Bandial to hear petitions

ISLAMABAD:

A special bench of the apex court is going to hear tomorrow the petitions filed against a new piece of legislation— Supreme Court (Review of Judgements and Orders) Bill, 2023—that has enlarged the scope of review petitions.

According to the cause-list issued by the Supreme Court on Tuesday, the Special Bench-1 is led by Chief Justice of Pakistan (CJP) Umar Ata Bandial and comprises Justice Ijazul Ahsan and Justice Munib Akhtar.

The bench will take up the petitions filed against the law by Ghulam Mohiuddin and Zaman Khan Vardag at 11:30am today [Wednesday]. The petitioners have requested the court to declare the law ultra vires of the Constitution.

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 June 2 signed the act into law. On Monday, the Senate Secretariat issued its gazette notification which the AGP also submitted to the apex court.

Read more: SC passes landmark judgment on workplace sexual harassment

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 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.