ISLAMABAD: Chief Justice Umar Ata Bandial said the country is in such a situation where we all need to learn how to deal with it.
“The country is passing through a transitory phase; therefore, everyone needs to show patience, fortitude, and courage to come out of this situation,” the CJP added.
Justice Bandial passed these remarks, when Riaz Hanif Rahi, one of the petitioners, while arguing stated that during the hearing of this case, he was pressurised to withdraw the petition and leave Islamabad.
A three-judge bench, headed by Chief Justice, and comprising Justice Ijazul Ahsan and Justice Munib on Wednesday heard the petitions against the Supreme Court (Review of Judgment and Order) Act, 2023.
Rahi wanted to read his petition, but the chief justice told him that this is his personal issue, and asked him to come to his chambers. “Sir, this is your personal matter,” remarked CJP Bandial. “I will accept the application. Do not read it now, we can read it later, ourselves,” the CJP said.
The Islamabad Capital Territory Police on June 10 confirmed that a case was registered after Advocate Rahi had gone missing. The Islamabad High Court had directed the IG Police to ensure the recovery of the lawyer and contact the police department and relevant intelligence agencies for further assistance.
During the proceeding, Barrister Ali Zafar, representing Secretary PTI Omar Ayub, argued that section 2 of the Act is unlawful and unconstitutional. He contended that the preamble of the Act says that jurisdiction is enlarged, adding they (the government) are seeing this thing from a wrong angle.
The order/ judgment under Article 184(3) of the Constitution is final, he further argued, adding that anything that goes against the finality is curtailing the jurisdiction of review under Article 188. This jurisdiction is given to the Supreme Court in the Constitution.
Justice Munib questioned if the judgment of the Supreme Court is set aside in the review then it would be a new case, and whether it will be heard in appeal or review.
Ali Zafar argued that the constitution does not allow that the curtailment of the Supreme Court is done through a law. He said appeal is a rehearing of the matter and based upon the finding of law and facts, while in the review the litigant has to show error floating of the surface of the judgment.
The chief justice questioned were the legislators not cognisant of the distinction between the appeal and the review.
Copyright Business Recorder, 2023
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