Constitutional amendment required if right of appeal is to be given in review: CJP

Chief Justice of Pakistan, Justice Umar Ata Bandial has said that he will welcome constitutional amendment for the right of appeal in Article 184(3), remarking that the constitutional jurisdiction can be altered only through a constitutional amendment, reported 24NewsHD TV channel.

A three-judge special bench of the Supreme Court, headed by Chief Justice Umar Ata Bandial and comprising Justice Ijazul Ahsan and Justice Munib Akhtar, heard the petitions against the SC (Review of Judgments and Orders) Act, 2023.

PTI lawyer Ali Zafar argued that the legislation was enacted to reduce the power of Clause 3 of Article 184.

The chief justice that the constitutional amendment should be made to give the right to appeal against the decision of Clause 3 of Article 184. “If the constitutional amendment is made, we will welcome it,” he added.

CJP Bandial remarked that in India, if the right to be heard is not granted, then a revision petition is filed, in our country, if the decision is illegal, a review petition is filed.

“We are looking into it whether the Parliament can expand the review law,” Chief Justice said, adding that the jurisdiction of review is clearly written in the Constitution.

PTI lawyer Ali Zafar insisted that his case is that the Review of Judgments and Orders Act is against the Constitution.

Justice Munib Akhtar observed that in criminal review, only defects are removed while in civil the scope is bigger.

Chief Justice Bandial remarked there are constitutional requirements for review, but it cannot be changed into an appeal.

“If the right of appeal is to be given in the review then the constitutional amendment will be required,” the top judge said, adding that only defects are examined in the review, but new evidence cannot be presented.

The PTI lawyer argued that the constitution says that the law could be made as per Schedule 4.

He said that the Parliament could make laws about the high court but not about the Supreme Court.

The constitution keeps the Supreme Court and the Parliament separate, the lawyer added.

Justice Munib Akhtar remarked now after this law, the act would also be applied to all earlier judgements, including the verdicts in suo motu notices.

Chief Justice of Pakistan remarked that the court would look into all the aspects related to the new Act.

PTI lawyer Ali Zafar completed his arguments.

The CJP remarked that the court would hear the attorney general's arguments tomorrow and adjourned the case till 11:30 am on Thursday.

 

Reporter Amanat Gishkori