The Supreme Court (SC) ruled that the Supreme Court (Review of Judgements and Orders) Act 2023 was invalid.
Supreme Court declares judgments law nullified: The Supreme Court’s three-judge panel, which was led by Chief Justice Bandial and included Justices Ijazul Ahsan and Munib Akhtar, made a reserved decision on the appeals that questioned the constitutionality of the Supreme Court (Review of Judgements and Orders) Act 2023.
The SC deferred the decision following the conclusion of both sides’ arguments in six hearings on June 19. The Supreme Court stated in its brief ruling that the parliament lacked the authority to pass such laws.
The ex-PM Nawaz Sharif and Jahangir Tareen’s dreams of overturning their lifetime disqualifications were also dashed by the judgement. According to Article 62 of the Constitution, Nawaz Sharif and Jahangir Tareen were both ineligible to serve.
Riaz Hanif Rahi, an attorney, and others petitioned the court to declare the Supreme Court (Review of Judgements and Orders) Act null and void.
The Supreme Court Review of Judgements and Orders Act 2023 is unconstitutional, claim petitions.
final hearing
Mansoor Awan, the Attorney General of Pakistan (AGP), claimed that as the ambit of Article 184(3) has grown, so has the scope of review. Judges who previously rendered decisions may sit on the larger bench to hear review petitions, Awan continued.
The Supreme Court still has the power to form a bench, according to Awan, who also noted that the court ruled in the Imran Tiwana case that a legislation cannot be suspended without a good reason.
The Chief Justice of Pakistan, Justice Umar Ata Bandial, stated that while lawmakers still have the authority to pass laws, they are now discussing constitutional restrictions.
The CJP told the AGP, “We concur with your point on remedy against 184(3), however the reason for remedy should be specified.
The bill to review SC rulings
Article 188 of the Constitution authorizes the Supreme Court to review any judgment or order it has issued, in accordance with the Majlis-e-Shoora (Parliament) Acts and Supreme Court guidelines.
An aggrieved party who has had an order issued against them under clause (3) of Article 184 of the Constitution enacted before this legislation has the right to file a review petition. As per the law, the individual must submit the petition within sixty days from the commencement of the new law.
It suggests that a bench larger than the bench that rendered the original judgement in order hear a review petition. It implies that the review petitioner will have the freedom to choose any supreme court lawyer as the review petition’s representative.