ISLAMABAD: The Ministry of Law and Justice, on Saturday, filed a review petition against the Supreme Court’s verdict on the SC Review of Judgments and Orders Act, 2023.
The Law Ministry has sought 15 days time to file additional documents, which the SC Registrar’s Office has accepted, said the sources.
A three-judge bench, headed by Chief Justice Umar Ata Bandial, and comprising Justice Ijazul Ahsan and Justice Munib Akhtar, on August 11, declared the SC Review of Judgements and Orders Act, 2023, ultra vires the constitution being beyond the legislative competence of the parliament, therefore, struck it down as null and void and of no legal effect.
Supreme Court strikes down Review of Judgments and Orders Act 2023
The bench in the 51-page judgment, unanimously, declared that the parliament was not competent to legislate with respect to Article 188 in the manner it has done by way SC Review (Judgments and Orders) Act, 2023. Justice Munib also wrote a 30-page additional note.
It stated that all review petitions, whether filed against judgments and orders passed under the original or appellate jurisdiction of this Court are and shall continue to be governed by the provisions of Article 188 of the 1973 Constitution read with the SC Rules, 1980.
Three constitutional petitions were filed against the Review Judgments and Orders Act, wherein, it was contended that enlargement of the review jurisdiction is to the ambit of appellate jurisdiction under the provisions of Entry 55 of the Federal Legislative List.
They had contended that the conferment of the appellate power in the review was tantamount to enlarge the review jurisdiction. Such enlargement is not envisaged in Article 185 of the constitution, therefore, the constitution amendment is necessary with the respect of the Review Act that purportedly has the same effect as the Supreme Court (Practice and Procedure) Act, 2023, which is already under challenged and suspended by this Court on April 13.
Copyright Business Recorder, 2023