SC review bill becomes law; Minister says common people will be given relief under new law; SC told law regarding review of judgements came into force on Friday
The Supreme Court Review of Judgments and Orders Act 2023 became law as President Dr. Arif Alvi ratified the Supreme Court Review of Judgments and Orders Act 2023, after which it passed into the law. It is worth mentioning here that on May 8, the Supreme Court Review and Judgment Order Bill, which was approved by the National Assembly and Senate, was sent to President Arif Alvi to be formally passed into the law.
Law Minister Azam Nazeer Tarar on Monday said that former prime minister Nawaz Sharif and Pakistan Tehreek-e-Insaf’s estranged leader Jahangir Khan Tareen cannot benefit from the new law regarding the review of judgements.
Tarar said that the Supreme Court (Review of Judgements and Orders) Bill 2023 will not benefit Nawaz and Tareen as they both have exercised their right of review against their sentences, he told a news channel.
Earlier Monday, Attorney General for Pakistan Mansoor Usman Awan, during the hearing of the Punjab polls case in the Supreme Court, apprised the court that the law for the review of suo motu judgements had come into effect.
The Supreme Court Review of Judgements and Orders law states that for reviewing a suo motu judgement, a bigger bench — than the one that issued the order — will hear the case.
“In case of judgements and orders of the SC in 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.
The law minister also said that the court’s verdict was considered the final one under Article 184(3), stating that “there is no room for revision or curative review in our law”.
“Under the new law, common people would be given relief under Article 184(3),” he added.
The federal minister further said that a debate had taken place in the National Assembly regarding the Supreme Court (Review of Judgements and Orders) Act. “The debate was broadcast live when the Act was presented in the National Assembly and Senate.” A review petition can be filed for any case under the newly-approved bill, he added.
President Dr. Arif Alvi has ratified the Supreme Court Review of Judgments and Orders Act 2023, after which it passed into the law.
It is worth mentioning here that on May 8, the Supreme Court Review and Judgment Order Bill, which was approved by the National Assembly and Senate, was sent to President Arif Alvi to be formally passed into the law.
Under the said bill, under section 184/3, any accused person can exercise the right to review the sentence imposed on him in previous decisions.Article 188 of the Constitution empowers the Supreme Court, subject to the provision of any Act of Majlis-e-Shoora (Parliament) and any rules made by the Supreme Court, to review any judgment pronounced or any order made by it. According to the statement of the objects and reasons of the bill, it is necessary to ensure fundamental rights to justice by providing for meaningful review of judgments and orders passed by the Supreme Court in exercise of its original jurisdiction under Article 184.
The bill states that in case of judgment and orders of the supreme court in 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.
