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Wednesday, July 17, 2024

Upset for Nawaz Sharif, Jahangir Tareen as SC nullifies review of judgments law

The Supreme Court (Review of Judgments and Orders) Act 2023 gave Nawaz Sharif and Jahangir Khan Tareen the right to file an appeal against their respective disqualifications. However, the Supreme Court has struck down the review order.

In a major development, the Supreme Court (SC) on Friday nullified Supreme Court (Review of Judgments and Orders) Act 2023, terming it unconstitutional.

According to the details, a three-member bench of the apex court headed by Chief Justice Umar Ata Bandial and comprising Justice Ijazul Ahsan and Justice Munib Akhtar announced the decision reserved on June 19 after six hearings — from June 7 to June 19 — on multiple petitions challenging the law, enacted in late May.

The Supreme Court Review Act is against the Constitution, CJP Banidal said, adding that the verdict was passed unanimously and a detailed order will be issued later. The court further said that Parliament did not have the power to enact such legislation.

The Supreme Court Review of Judgments and Orders Bill 2023, which was passed by the National Assembly and Senate earlier this year, aims at facilitating and strengthening the Supreme Court in the exercise of its powers to review its judgments and orders.

It was speculated that the review order was spearheaded by President Dr Arif Alvi – who is from PTI – in an attempt to save PTI Chairman Imran Khan from disqualification. Interestingly, former prime minister and PML-N supremo Nawaz Sharif and former PTI stalwart Jahangir Khan Tareen also got the right to file an appeal against their respective disqualifications.

Read more: SC review bill breathes new hope for Nawaz Sharif & Jahangir Tareen

However, with the latest development, the SC judgment has shattered the hopes of ex-PM Nawaz Sharif and Jahangir Tareen, who were seeking to challenge their lifetime disqualifications. Both Nawaz Sharif and Jahangir Tareen were disqualified under Article 62 of the Constitution.

The SC judgments’ review bill

Article 188 of the Constitution empowers the Supreme Court, subject to the provision of any Act of Majlis-e-Shoora (Parliament) and any rules made by the Supreme Court, to review any judgment pronounced or any order made by it.

The law provides the right to file a review petition to an aggrieved person against whom an order has been made under clause (3) of the Article 184 of the Constitution, prior to this legislation. It says that the petition shall be filed by the person within sixty days of the commencement of this legislation.

Read more: Nawaz Sharif to be next PM if voted to power: PM

It proposes that a review petition shall be heard by a bench larger than the bench which passed the original judgment in order. It suggests that the review petitioner shall have the right to appoint any advocate of the supreme court of his choice for the review petition.