Supreme Court declines stay order against operation of Review of Judgements Act

The Supreme Court has rejected the request seeking a stay order on the operation of the SC (Review of Judgments and Orders) Act 2023, reported 24NewsHD TV channel.

However, the court accepted the request of the Election Commission's lawyer to keep the Punjab election case pending until the decision on the Review and Judgment Act.

Chief Justice of Pakistan, Justice Umar Ata Bandial remarked that if the case against the law is not strong, then he would decide the next course of action.

A three-judge special bench headed by Chief Justice of Pakistan, Justice Umar Ata Bandial and comprising Justice Ijazul Ahsan and Justice Munib Akhtar on Tuesday heard the ECP petition requesting the top court to revisit its April 4 order of holding polls to the Punjab Assembly on May 14 and another petition related to the recently-enacted Supreme Court (Review of Judgments and Orders) Act 2023.

During its previous hearing, the court clubbed together pleas against the SC (Review of Judgments and Orders) Act 2023 and the ECP review plea on the Punjab poll case. The court had issued notices to all parties including Pakistan Bar Council and Attorney General for Pakistan Mansoor Usman Awan.

The federal government had requested the court to form a larger bench to hear the case.

At the outset of the hearing today, the Election Commission of Pakistan’s lawyer told the court that as per the new law, a three-judge bench could not hear the review petition.

The Supreme Court special bench accepted the ECP lawyer’s plea to keep the Punjab poll case pending until the decision on the Review and Judgment Act.

Chief Justice Bandial remarked that the court would proceed with the ECP’s review case after taking into account all facts about the SC (Review of Judgments and Orders) Act.

How we can give a stay order on mere assumptions without listening to the case, the top judge added.

The petitioner's counsel argued that the SC (Review of Judgments and Orders) Act was inconsistent with Article 10 of the Constitution and interfered with the independence of the judiciary. He requested the court to suspend the Review of Judgments Act and fix it for hearing before an eight-judge bench.

The chief justice remarked that he could not suspend the law again and again. He said ‘We have already suspended one law and cannot suspend another’, thus rejecting the request for immediate suspension of the Judgment Review Act.

The Pakistan Tehreek-i-Insaf requested to become a party in the Review Act case which was accepted by the court.

PTI lawyer Ali Zafar argued that the petition was filed by party leader Omar Ayub.

He argued that the Supreme Court has the authority to review the decisions. He said review and appeal are two separate jurisdictions, and the Constitution does not allow filing an appeal against the Supreme Court decision. The Majlis Shura (Parliament) can legislate according to the constitution, but no law can be made in violation of the basic constitution.

Justice Munib Akhtar inquired that Article 188 was made subject to the Act of Parliament, was not the mere nature of the review through the Act changed?

Lawyer Ali Zafar said that if such laws continue to be made, what if the second appeal law comes tomorrow? He said that the review has been given the same authority as an appeal by the new Act. If the right to appeal is being given again and again, then the decisions of the Supreme Court will not be final, he added.

The chief justice remarked that there is a big difference between appeal and review and now the recently enacted law has made appeal and review the same. Will there be an option to go for review against this appeal as well, the CJP wondered.

With this, the court adjourned the hearing of the case till tomorrow.

 

Reporter Amanat Gishkori