ISLAMABAD: After taking away some of the chief justice of Pakistan’s powers, the government on Friday got the “Supreme Court Review of Judgements and Orders Bill 2023,” which gives people the right to appeal in suo motu cases, through the Senate. This is part of a fight between parliament and the judiciary that has been going on for a while.
The bill, presented by Irfan ul Haque Siddiqui of the Pakistan Muslim League–Nawaz (PML-N). It passed by a majority of 32 votes, even though the opposition was very angry.
The NA passed the bill on April 14 with the goal of making it easier. As well as stronger for the SC to use its power to review its own decisions and orders.
On April 10, the federal government also got the Supreme Court (Practice and Procedure) Bill, 2023, passed in a joint session of parliament.
In his speech today, the Law Minister, Azam Nazeer Tarar, made a reference to Article 188 of the Constitution. He said that it gives the SC the power, subject to any Act of Majlis-e-Shoora. As well as any rules made by the top court, to review any decision or order made by it. He said that the most recent law is about how to do things.
The law minister said the bill has formulated in accordance with the spirit of Article 188 of the constitution.
The bill’s most important parts:
It shall come into force at once.
In case of judgments and orders of the SC in exercise of its original jurisdiction under Article 184 of the Constitution. The scope of review on both facts and law, shall be the same as an appeal under Article 185 of the Constitution.
A review petition shall heard by a bench larger than the bench which passed the original judgment or order.
The review petitioner shall have the right to appoint any advocate of the SC of his choice for the review petition.
The right to file a review petition shall also be available to an aggrieved person against whom an order has been made under clause (3) of Article 184 of the Constitution, prior to the commencement of this act. Provided that the review petition under this section shall filed within sixty days of the commencement of this Act.
A review petition may filed within sixty days of the passing of the original order.
The provisions of this Act shall have effect notwithstanding anything contained in any other law, rules or regulations for the time being in force or judgment of any court including the Supreme Court and a High Court.
