New review law stuns top court.
ISLAMABAD -- An apex court bench hearing the Election Commission of Pakistan's (ECP) review petition against its April order with regard to elections in Punjab on Monday adjourned the hearing for an indefinite period when the state's top law officer revealed that a new law enlarging scope of review petitions had been enacted.
'The president has signed the Supreme Court (Review of Judgements and Orders) Bill, 2023. Under the new law, a larger bench will hear review petitions,' Attorney General for Pakistan (AGP) Mansoor Awan told a three-judge bench led by Chief Justice of Pakistan (CJP) Umar Ata Bandial.
The three-judge bench also comprising Justice Ijazul Ahsan and Justice Munib Akhtar on April 4 set aside an ECP notification and ordered the polls supervisory authority to hold polls for the Punjab Assembly on May 14. The ECP had later filed a review petition against the order.
When the AGP informed the bench that President Dr Arif Alvi had signed the bill, the bench appeared visibly surprised. "This is quite an interesting [development]," remarked CJP Bandial before adjourning the proceedings.
The National Assembly on April 14 passed the Supreme Court (Review of Judgements and Orders) Bill, 2023, which was moved as a private member's bill by MNA Shaza Fatima. The bill also received the seal of approval from the Senate-the upper house of parliament-on May 5.
The bill was sent for the approval of President Alvi, who on Friday signed the act into law. On Monday, the Senate Secretariat issued its gazette notification which the AGP also submitted to the apex court.
According to the statement of the objects and reasons of the act, it is necessary to ensure fundamental rights to justice by providing for meaningful review of judgments and orders passed by the Supreme Court in exercise of its original jurisdiction under Article 184.
It states that in case of judgment and orders of the Supreme Court in exercise of its original jurisdiction under Article 184 of the Constitution, the scope of review on both facts and law, shall be the same as an appeal under Article 185 of the Constitution.
Read Divide in judiciary: Have senior most SC judges switched roles?
Article 184(3) of the Constitution of Pakistan gives the Supreme...
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