Islamabad, May 29, 2023 – In a surprising turn of events, the Supreme Court of Pakistan has adjourned the hearing of a review petition filed by the Election Commission of Pakistan (ECP) after Attorney General Mansoor Usman Awan revealed that new legislation had come into force, expanding the court’s jurisdiction. The disclosure of ‘The Supreme Court (Review of Judgements and Order) Act 2023’ by the Attorney General caught the attention of the three-member bench headed by Chief Justice Umar Ata Bandial.
The bill, aimed at bolstering the Supreme Court’s authority in reviewing its judgments and orders, was presented in the National Assembly on April 14 and swiftly passed the same day, despite opposition protests. The Senate approved its passage on May 5, and President Dr Arif Alvi assented to the law on Friday, with a notification issued on Monday. The new law grants the Supreme Court the right to appeal under Article 184(3), expanding the scope of review similar to that of Article 185, which confers appellate jurisdiction to the highest court.
Chief Justice Bandial responded with interest to the Attorney General’s disclosure, while Justice Munib Akhtar jokingly noted the smile on the face of the ECP’s lawyer. Despite adjourning the hearing without setting a new date, the Chief Justice instructed the Attorney General to seek guidance from the government regarding the Supreme Court (Practice and Procedure) Act, which is scheduled for a hearing on June 1. It is worth mentioning that the implementation of the said bill had been temporarily halted by the Supreme Court.
Expressing concern about the independence of the judiciary, Chief Justice Bandial emphasized that it is a fundamental right and a key feature of the Constitution. While acknowledging the need for some form of substantive review under Article 184(3), he stated that the court would proceed with the current case under the new law. Since the counsel for the ruling party, Pakistan Tehreek-e-Insaf (PTI), was absent from the courtroom, the Chief Justice expressed the court’s intention to hear the other side first to evaluate the case in light of the new legislation.
Legal experts believe that this new law may have implications for former Prime Minister Nawaz Sharif and Jahangir Khan Tareen, who have previously exhausted their review petitions against disqualification. If the Supreme Court decides to reduce the life ban imposed on them under Article 62(1)(f) of the Constitution, they may still benefit from this legislation. Mr. Sharif and Mr. Tareen were disqualified in separate judgments related to the Panama Papers case and the Hanif Abbasi case, respectively. Additionally, the new law may also impact the outcome of cases related to Article 63-A.
The Supreme Court (Review of Judgements and Orders) Act 2023, as it is officially known, aims to strengthen the Supreme Court’s ability to review its judgments. The act enlarges the court’s jurisdiction as provided by Article 188 of the Constitution, allowing for the review of any judgment and ensuring the fundamental right to justice through a meaningful review process. The act stipulates that the review, covering both facts and law, will be equivalent to an appeal under Article 185. It also mandates that a review petition be heard by a larger bench than the one that passed the original judgment or order. Furthermore, the petitioner filing the review petition is granted the authority to appoint any advocate of the Supreme Court for the review process.
According to the new law, individuals who have been affected by an order made under Article 184(3) before the act’s commencement will also have the right to file a review petition within 60 days of the act coming into effect. Additionally, a review petition must be filed within 60 days of the original order, and the provisions of the act take precedence over other laws, rules, regulations, and judgments of any court.
As the nation awaits further developments, the legal landscape in Pakistan is poised for potential changes as the Supreme Court’s jurisdiction undergoes expansion and the review process gains prominence.