Govt files review petition over SC decision on Review of Judgments Act

ISLAMABAD: The Ministry of Law has filed a review petition against the Supreme Court verdict on Review of Judgments and Orders Act 2023, ARY News reported.

The law ministry has pleaded to the apex court to review its August 11 verdict.

A three-member bench of the apex court headed by Chief Justice Bandial and comprising Justice Ijazul Ahsan and Justice Munib Akhtar had declared the legislation as void in its verdict. Justice Munib Akhtar had also written an additional note in the verdict on the legislation.

The law ministry has sought 15 days’ time from the court for submission of additional documents. The Registrar Office granted the plea, sources said.

The apex court had nullified the Supreme Court (Review of Judgments and Orders) Act on August 11, 2023.

The Supreme Court in its short verdict remarked that the parliament had no power to enact such legislation.

An affected party had given right to appeal against court decisions of the cases under Article 184 (3) of the Review of Judgments Act.

The Supreme Court (Review of Judgments and Orders) Act was challenged by Riaz Hanif Rahi advocate and others, pleading with the court to declare the new act of law as void.

According to petitions, the Supreme Court Review of Judgments and Orders Act 2023 contravenes the Constitution.

Article 188 of the Constitution empowers the Supreme Court, subject to the provision of any Act of Majlis-e-Shoora (Parliament) and any rules made by the Supreme Court, to review any judgment pronounced or any order made by it.

The law provides the right to file a review petition to an aggrieved person against whom an order has been made under clause (3) of the Article 184 of the Constitution, prior to this legislation. It says that the petition shall be filed by the person within sixty days of the commencement of this legislation.

It proposes that a review petition shall be heard by a bench larger than the bench which passed the original judgment in order. It suggests that the review petitioner shall have the right to appoint any advocate of the supreme court of his choice for the review petition.