Supreme Court adjourns Punjab elections hearing indefinitely after suo motu review law becomes effective
ISLAMABAD: The Supreme Court of Pakistan today adjourned for an indefinite period the Punjab elections delay case hearing after learning that the new law about the Suo Motu review has been implemented.
The Supreme Court Review of Judgments and Orders Bill, 2023, has been enforced since Friday (May 26), after President Arif Alvi signed the Bill.
According to the new law, for reviewing a suo motu judgement, a bigger bench than the one that issued the order will be able to hear the case.
“In case of judgments and orders of the SC in the 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,” the law reads.
Attorney General of Pakistan Mansoor Usman told the three-member bench of the Supreme Court headed by chief justice Bandial. He further informed the court that the three-member bench could not hear this case any more after the implementation of the new law.
A three-member bench — headed by CJP Bandial and comprising Justice Ijaz Ul Ahsan and Justice Munib Akhtar — heard the plea.
This is the same bench that issued the April 4 verdict — under Article 184 (3) or the suo motu law. The bench ordered the ECP to hold elections in Punjab on May 14. The bench also directed the federal and Punjab governments to facilitate ECP in holding elections.
However, neither the federal government nor the Punjab government offered any support to the ECP. Resultantly, the Commission refused to hold polls in Punjab on May 14.
Attorney General Mansoor Usman and CJP
At the beginning of Monday’s hearing, Attorney General for Pakistan Mansoor Usman Awan informed the three-member bench of the apex court that a law for challenging suo motu orders has come into effect.
He added that under the new law’s section 2, the orders issued under Article 184 (3) could be appealed against.
“This law will have retrospective effect,” he noted.
Chief Justice Bandial said that the situation was very interesting. He added that the court understands the need for reviewing suo motu orders.
The chief justice said that through the Supreme Court (Practice and Procedure) Act, of 2023, the government has created a new “judicial jurisdiction”.
“But I am happy that this law [the review act] is only related to Article 184(3).”
The CJP added that “everyone” should reconsider their stance.
