ISLAMABAD: The Supreme Court (SC) on Monday reserved verdict on a set of pleas challenging the Supreme Court (Review of Judgments and Orders) Act 2023.
A three-member bench headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial, Justice Munib Akhtar and Justice Ijazul Ahsan heard a set of appeals challenging the law and the Election Commission of Pakistan’s (ECP) review against the verdict fixing May 14 as the date for holding Punjab Assembly elections.
The Supreme Court (Review of Judgements and Orders) Bill 2023 was passed by the National Assembly on April 15 and is aimed at giving right of appeal under Article 184 of the constitution – a right which was not available in the past.
The bill states that a review petition may be filed within 60 days of the passing of the original order.
During the hearing, Attorney General for Pakistan (AGP) Mansoor Usman Awan and PTI lawyer Ali Zafar concluded their arguments in the case after which the top court reserved its verdict.
Awan in his arguments said that under Article 188, the court has the power to review a judgement and for that no limit has been fixed.
He added that cases and reviews under Article 184(3) should not be treated as the same.
Article 184(3) of the Constitution grants the top court powers to issue an order if it considers a question of public importance with reference to the enforcement of fundamental rights involved.
Meanwhile, the CJP said that the SC had not objected to broadening the review’s scope.
Justice Bandial further emphasised that in such circumstances, the Indian Supreme Court did not grant the power to appeal. “We don’t comprehend the justification for broadening the review’s scope.”
According to the AGP, there was “no limit” in accordance with the law and the supreme court had the authority to review under Article 188 of the Constitution. “But cases and appeals under Article 184(3) cannot be treated in the same way,” he said.
