Senate passes SC judgments' review bill amid ruckus

ISLAMABAD: The Senate on Friday passed the Supreme Court Review of Judgments and Orders Bill 2023 with a majority vote at a session, held on Friday.

The bill, moved by Senator Irfan-ul-Haque Siddiqui, aims to provide support and reinforce the powers of the Supreme Court in reviewing its judgments and orders, enabling the top court to exercise its powers more effectively and efficiently.

During the vote, 32 members of the Senate supported the bill, while 21 opposed it.

Addressing the session, Minister for Law and Justice Azam Nazeer Tarar said that it is parliament’s authority is to make laws and it has never interfered with the affairs of other institutions.

He further added that the Supreme Court Review of Judgments and Orders Bill 2023 will not only benefit the litigants but will also reinforce the judiciary’s powers.

The 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.