ISLAMABAD: The Supreme Court has declared the Supreme Court (Review of Judgments and Orders) Act 2023 null and void. A three-member bench, led by Chief Justice Umar Ata Bandial and comprising Justice Ijazul Ahsan and Justice Munib Akhtar, made the announcement after considering the case during six hearings spanning from June 7 to June 19.
The law, enacted in late May, was challenged by various parties including Ghulam Mohiuddin, Zaman Khan Vardak, the Jurists Foundation represented by CEO Riaz Hanif Rahi, and the Pakistan Tehareek-e-Insaf (PTI), who had all contested the legality of the act.
Last hearing
During the hearing on June 19, Chief Justice Umar Ata Bandial expressed reservations regarding the enactment of crucial laws like the Supreme Court (Review of Judgments and Orders) Act, 2023. He stressed the significance of thorough consultations with experienced legal experts before implementing such laws.
Chief Justice Bandial emphasized the importance of incorporating insights from professionals such as the Attorney General for Pakistan (AGP), highlighting their extensive experience in legal matters. He acknowledged the intricacies of the issue and recognized the need for remedies under Article 184(3), a constitutional provision that grants the Supreme Court authority in cases of significant public interest.
While recognizing the potential advantages of refining legislation, he underscored the necessity for precise drafting to preserve the integrity of the judicial system.
Both AGP Mansoor Usman Awan and PTI lawyer Ali Zafar concluded their arguments during the session, following which the Supreme Court reserved its verdict.
Chief Justice Bandial stated, “We will announce the verdict after discussing it among ourselves. Let’s see what happens.”
(Review of Judgments and Orders) Act 2023
Entitled the Supreme Court (Review of Judgments and Orders) Act 2023, this legislation aims to strengthen the powers of the Supreme Court in reconsidering its judgments. The act’s objective is to expand the jurisdiction of the highest court as defined in Article 188 of the Constitution.
This legislation empowers the apex court to reexamine any judgment, ensuring that the fundamental right to justice is upheld by facilitating a meaningful review of its judgments and orders, especially those issued under Article 184(3) in its original jurisdiction.
As per Section 2 of the act, the scope of review, covering both factual and legal aspects, resembles that of an appeal under Article 185 of the Constitution. Section 3 establishes that a review petition will be evaluated by a larger bench than the one responsible for the initial judgment or order. Similarly, Section 4 grants the petitioner seeking review the authority to select any advocate from the Supreme Court for this purpose.
In accordance with Section 5, the right to file a review petition is extended to an aggrieved party who had been subject to an order under Article 184(3) of the Constitution prior to the act’s commencement. However, this section stipulates that such a review petition must be submitted within 60 days of the act’s commencement.
Section 6 mandates that the review petition must be filed within 60 days of the original order’s issuance. Importantly, the provisions of this act take precedence and supersede any conflicting elements in other existing laws, rules, regulations, or judgments, including those from the Supreme Court and high courts.
