Will top court swing into action again?

ISLAMABAD -- President Dr Arif Alvi has surprised all, including the Supreme Court judges, by signing the Supreme Court (Review of Judgement and Orders) Bill 2023. The president signed the bill on Friday but neither he nor the federal government announced the development till Monday.

It was Attorney General for Pakistan (AGP) Mansoor Awan who revealed that the bill had been enacted to a three-judge bench led by Chief Justice of Pakistan Umar Ata Bandial hearing a review petition filed by the Election Commission of Pakistan (ECP) against the bench's April 4 order.

Some senior lawyers are also surprised by this development but they also welcome it.

The act says in case of judgments and orders of the Supreme Court in exercise of its original jurisdiction under Article 184 of Constitution, scope of review on both facts and law, shall be the same as an appeal under Article 185 of the Constitution.

These lawyers believe that this legislation will provide a chance to the SC to correct its errors in high profile cases. Unlike the Supreme Court (Practice and Procedure) Act, 2023, the SC could not make a preemptive move to suspend the law.

However, this matter can be raised before a larger bench on Thursday.

The main consequence of this legislation is that the three-judge bench that was hearing the ECP review petition adjourned hearing of the case for an indefinite period. A senior lawyer believes that this new legislation will also give face-saving to this bench which has failed to implement its April 4 order.

Earlier, the scope of review was limited under the Supreme Court Rules 1980. Even the SC's jurisprudence, evolved through its judgments, endorsed the limited scope of review.

Though the government said new legislation will not be beneficial for former prime minister Nawaz Sharif and Pakistan Tehreek-e-Insaf (PTI) disgruntled leader Jahangir Tareen, it will certainly give a chance to both the leaders to end their lifetime disqualification.

The review petitions filed by Nawaz and Tareen against their disqualification under Article 62 (1) (f) of constitution have already been rejected.

Read ECP review petition: SC adjourns hearing indefinitely after AGP informs of new law

A five-judge larger bench led by former CJP Saqib Nisar had held that the disqualification of lawmakers under Article 62 (1) (f) of the Constitution is for lifetime. The review petition against that ruling had been turned down.

Under section 5 of the new law, both the leaders...