Supreme Court strikes down Review of Judgments Act 2023

ISLAMABAD: The Supreme Court (SC) on Friday nullified Supreme Court (Review of Judgments and Orders) Act 2023, ARY News reported.

A three-member bench of the apex court headed by Chief Justice Bandial and comprising Justice Ijazul Ahsan and Justice Munib Akhtar announced the reserved verdict on the pleas challenging the vires of the Supreme Court (Review of Judgments and Orders) Act 2023.

The judgment was reserved by the SC after the completion of arguments from both sides in six hearings on June 19. The Supreme Court in its short verdict remarked that the parliament had no power to enact such legislation.

The judgment has also shattered the hopes of ex-PM Nawaz Sharif and Jahangir Tareen, who were seeking to challenge their lifetime disqualifications. Both Nawaz Sharif and Jahangir Tareen were disqualified under Article 62 of the Constitution.

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.

Last hearing

Attorney General of Pakistan (AGP) Mansoor Awan said the scope of review has expanded after the scope of Article 184(3) has widened. Judges who gave decision earlier can be part of the larger bench to hear review pleas, Awan added.

The preoperative of constituting bench still lies with the Supreme Court, Awan said and added the court gave its ruling that in the Imran Tiwana case that without a solid reason, the law cannot be suspended.

CJP Justice Umar Ata Bandial said the right for legislation remains with the legislators but here they are talking about the constitutional limits.

“We agree with your argument on remedy against 184(3), but the ground for remedy should be clarified,” CJP said to the AGP.

The SC judgments’ review bill

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.