ISLAMABAD: The Supreme Court has struck down the Supreme Court (Review of Judgments and Orders) Act 2023 which expanded the scope of a review petition, terming it unconstitutional.
A three-member SC bench comprising Chief Justice of Pakistan (CJP) Umar Ata Bandial, Justice Munib Akhtar and Justice Ijazul Ahsan had reserved its verdict on June 19 with an observation that decision on the case would determine the fate of the Election Commission of Pakistan’s (ECP) review against April 4 verdict of fixing May 14 as the date for holding Punjab Assembly elections.
The judgement has also 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 Supreme Court (Review of Judgements and Orders) Act was challenged by Riaz Hanif Rahi advocate and others, pleading with the court to declare the new act of law as void.
According to petitions, the Supreme Court Review of Judgements and Orders Act 2023 contravenes the Constitution.
Why the government should not consider giving definition of the public importance — an important ingredient — while invoking petitions under Article 184(3), he wondered.
The SC ruled that the law had no legal value and termed it to be “in violation of the Constitution”.
The court said parliament did not have the power to enact such legislation.