Says cannot suspend review of judgments and orders law just yet
The Supreme Court (SC) adjourned on Tuesday the hearing of a plea calling on it to suspend the Supreme Court (Review of Judgments and Orders) Act 2023 and refer the matter to a larger bench.
A three-member bench led by Chief Justice of Pakistan Umar Ata Bandial was hearing a set of petitions challenging the law which has widened the scope of review.
During the hearing, CJP Bandial highlighted certain loopholes in Supreme Court (Review of Judgments and Orders) Act 2023. He observed that ‘super appeal’ has been created through this law.
“Don’t you think they should have made this law carefully rather than hastily,” the CJP asked Pakistan Tehreek-e-Insaf’s counsel Ali Zafar.
He said that the parliament could have given the affect of Article 187 of the Constitution for doing complete justice in review jurisdiction. He also referred to the example of India wherein review jurisdiction was widened on two grounds. The chief justice noted that through this law the legislators created jurisdiction of review equal to an appeal.
If the case being made against the law is not strong, then rules and procedures moving forward will be set, said the CJP.
The ECP’s lawyer argued that under the current law, a three-member bench cannot hear the review petition.
Meanwhile, the petitioner’s counsel contended that the Supreme Court (Review of Judgments and Orders) Act 2023 was inconsistent with Article 10 of the Constitution of Pakistan and interfered with the independence of the judiciary.
