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SC accepts ECP election case, challenges judgement review law

News Editor 7 June, 2023
Screenshot 2023-06-07 at 3.41.23 PM

ISLAMABAD: The Supreme Court (SC) on Wednesday delayed the Punjab election review case. As well as the Supreme Court Review of Judgements and Orders Act 2023 until June 13.

The Punjab election review and Review Order Act cases merged earlier in the day by a three-member bench.

The top judge’s bench includes Justices Ijaz ul Ahsan and Munib Akhtar.

CJP Bandial stated during the hearing that the court would endeavour to decide on the Election Commission of Pakistan’s (ECP) request to review the Punjab election verdict as soon as possible.

“We received petitions. “The Review Order Act must considered,” CJP Bandial stated.

After notifying the AGP, the bench will hear the ECP’s Review Order Act review plea.

The CJP then asked PTI lawyer Barrister Ali Zafar about the Review Order Act.

Barrister Zafar said the SC Review Order Act was unconstitutional.

“The same matter raised in the SC Practise and Procedure Act, on which the Supreme Court has given a stay,” the lawyer said, adding that the stay applied to the Review Order Act.

Due to the stay, the Review Order Act did not apply to the SC, therefore it may consider the ECP’s review plea.

The counsel urged the court to act on the Punjab election review case swiftly, saying the court could wait until the Review Order Act ruling.

If the Review Order Act applied, Justice Akhtar said the ECP’s lawyer would have to argue before a larger court.

“How could the court hear the Punjab election case if the SC Review Order Act has enforced,” he wondered.

Review Order Act

He asked the counsel how the SC was exempt from the Review Order Act.

CJP Bandial said everyone wants a Punjab election review case decision.

“There are certain limits for [filing] an appeal,” the top judge said, adding that the ECP’s lawyer had claimed wide authorities.

Elections are national. “The May 14 orders are unimplementable, but this is a historical verdict,” he said.

Zaman Khan Wardag and Ghulam Mohiuddin followed Barrister Zafar’s arguments.

The court noted that the petitioners claimed the act unlawful and that a constitutional amendment needed to expand review authority.

The court ordered the cases to heard on June 13 and noted that the larger bench has previously stayed the SC Practise and Procedure Act.

CJP Bandial stated that the SC would hear cases daily after the date.

While issuing notifications to AGP, President Arif Alvi, the federal government, and Ministry of Parliamentary Affairs, the court scheduled both cases for June 13.

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