SC review bill becomes law, raises hopes for Nawaz, Tareen

ISLAMABAD: The Supreme Court Review of Judgments and Orders Act 2023 became law and raised hopes for Pakistan Muslim League Nawaz (PML-N) supremo Nawaz Sharif and Pakistan’s prominent businessman Jahangir Tareen, ARY News reported on Monday, quoting legal experts.

According to legal experts, the President of Pakistan, Dr. Arif Alvi, has ratified the Supreme Court Review of Judgments and Orders Act 2023, after which it passed into the law, which allowed PML-N supremo Nawaz Sharif and Jahangir Tareen to file review plea over the sentence imposed on them.

It is worth mentioning here that on May 8, the Supreme Court Review and Judgment Order Bill, which was approved by the National Assembly and Senate, was sent to President Arif Alvi to be formally passed into the law.

Under the said bill, under section 184/3, any accused person can exercise the right to review the sentence imposed on them in previous decisions.

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.

According to the statement of the objects and reasons of the bill, 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.

The bill 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.

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.

The bill states that 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. It suggests the petition shall be filed within sixty days of the commencement of this legislative piece.

It asks that a review petition may be filed within sixty days of the passing of the original orders. It states that this 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.