LAHORE MIRROR– The Supreme Court of Pakistan announced its verdict on the review of Court Judgments and Orders Act and declared the law ‘unconstitutional’.
A three-member bench of apex court led by Chief Justice of Pakistan (CJP) Umar Ata Bandial and comprising Justice Ijazul Ahsan and Justice Munib Akhtar announced the reserved ruling.
SC reserved the judgment 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 ratify such legislation.
Riaz Hanif Rahi advocate and others challenged Supreme Court (Review of Judgments and Orders) Act , pleading with the court to declare the new act of law as null and void as it contravenes the Constitution.
The verdict has also crushed the expectations of ex-PM Nawaz Sharif and Jahangir Tareen, who were looking for challenging their lifetime disqualifications. Both politicians were disqualified under Article 62 of the Constitution.
The Supreme Court (Review of Judgements and Orders) Act 2023 aims to amend rules to allow convicts/aggrieved to file review (appeal) against the apex court’s orders.
The statement of the objects and reasons of the law mentions that it is necessary to ensure fundamental rights to justice by providing for meaningful review of judgements and orders passed by the Supreme Court in the exercise of its original jurisdiction under Article 184.
In case of judgement and orders of the Supreme Court in the exercise of its original jurisdiction (suo motu powers) under Article 184 of the Constitution, the law states that the scope of review on both facts and the law shall be the same as an appeal under Article 185 of the Constitution.
Article 184(3) sets out the apex court’s original jurisdiction and enables it to assume jurisdiction of matters involving a question of “public importance” with reference to the “enforcement of any of the fundamental rights” of the citizens.
