ISLAMABAD: The Supreme Court has accepted the applications against the legislation widening the scope of review jurisdiction, trashing the Supreme Court (Review of Judgments and Orders) Act 2023.
In its verdict announced today (Friday), the three-member bench declared null and void the ‘Review of Judgments and Orders Act’ by observing that the parliament acted beyond its limits.
A three-member apex court bench had reserved the judgment on June 19. The ruling parties had requested the bench to form a full court to hear pleas against the ruling.
The legislation passed by the Nawaz-led coalition government widened the scope of review jurisdiction in cases decided under Article 184(3) of the Constitution.
Declaring the Supreme Court (Review of Judgments and Orders) Act 2023 unconstitutional, the top court also shattered the hopes of ex-PM and PML-N supremo Mian Nawaz Sharif and IPP chief Jahangir Tareen who were seeking to challenge their lifetime disqualifications.
Both Nawaz and Tareen were disqualified under Article 62 of the Constitution. Had the verdict today validated the new law, both leaders would have gotten an opportunity to challenge their disqualifications.
The three-member bench headed by Chief Justice Umar Ata Bandial and comprising Justice Ijazul Ahsan and Justice Munib Akhtar announced the decision reserved on June 19 after six hearings — from June 7 to June 19 — on several petitions challenging the law, enacted in late May.
The Chief Justice read out the decision in the presence of the AGP, petitioners, and a large number of lawyers.
The Supreme Court Review Act is against the Constitution, the CJP said adding that the verdict was passed unanimously.
The Pakistan Tehreek-e-Insaf (PTI); Ghulam Mohiuddin; Zaman Khan Vardak; the Jurists Foundation through its CEO Riaz Hanif Rahi had challenged the vires of the act.
The law passed by the coalition government aimed to facilitate and strengthen the top court in exercising its powers to review its judgments and orders.
