ISLAMABAD: The National Assembly passed a bill on Friday allowing it to review Supreme Court judgements and orders in its original jurisdiction under Article 184 of the Constitution.
The parliament passed “The Supreme Court (Review of Judgements of Orders) Bill, 2023” minutes before Iftar, following an in-camera security briefing.
MNA Shaza Fatima Khawaja’s measure expands the Supreme Court’s review jurisdiction to help and strengthen it.
It would expand the apex court’s authority, provide a larger bench for review petitions, and allow one to choose a lawyer.
According to the bill’s proponent, judgements and decisions issued before the bill’s passage reviewed.
Shaza told the measure, if passed, allow the Supreme Court’s original jurisdiction cases, including as the Punjab polls case, to reviewed.
The Punjab polls issue has brought the government and judiciary face-to-face in recent weeks, with both sides engaging in daily judgements, legislative resolutions, and legislation.
The bill provides that “the scope of review on both facts and law, shall be the same as an appeal under Article 185” for Supreme Court judgements and decrees under its original jurisdiction under Article 184.
The Supreme Court has authority over appeals from high court judgements, decrees, final decisions, and punishments under Article 185 (1).
The measure allows Supreme Court appeals from judgements, decrees, final orders, and sentences.
The bill also requires a larger bench to consider review petitions. The review petitioner can choose an advocate.
The latest law is similar to the previously passed “Supreme Court (Practise and Procedure) Bill, 2023,” which allows parties to appoint counsel for Article 188 review applications.
Another section of the bill states: “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 be filed within 60 days of the act.”
Another portion of the bill allows review petitions within 60 days of the original order.
The bill’s final clause declares that the act’s provisions shall apply regardless of any other legislation, rules, regulations, or court judgement, including the Supreme Court and high court.
Law Minister Azam Nazeer Tarar claimed parliament had never interfered in other institutions’ business.
The bill aids plaintiffs, he noted.
Power Minister Khurram Dastagir said the bill did not violate judiciary independence. “Through this legislation, we want to ensure that the apex court procedures are more transparent,” he added.
Defence Minister Khawaja Asif warned that parliament was the mother of democracy and would not allow outside intervention.
“We want to strengthen the judiciary to speed up justice.”
He stated the Supreme Court opposed the “Supreme Court (Practise and Procedure) Bill, 2023” “to maintain its power” on Thursday.
“The Supreme Court has more politics than we do.”
The Pakistan Tehreek-e-Insaf (PTI)’s Mohsin Leghari suggested referring the measure to the relevant house committee before passing it. He advised against Parliament interfering with the Supreme Court.
