The Supreme Court of Pakistan concluded its hearings on petitions filed against the controversial Supreme Court (Review of Judgments and Orders) Act 2023, opting to reserve its verdict for later. The decision to come will shed light on the fate of the disputed Act that has been a hot topic since its inception.
The petitions challenging the Supreme Court (Review of Judgments and Orders) Act 2023 were presented before a bench of three esteemed members of the Supreme Court. The bench, led by Chief Justice Bandial, included Justice Ijazul Ahsan and Justice Munib Akhtar.
After carefully examining the presented arguments from both sides, the bench decided to reserve the final verdict.
The Act’s Implications
Ghulam Mohiuddin, Zaman Khan Vardak, and the Jurists Foundation, represented by its CEO, Riaz Hanif Rahi, challenged the Act. They argued against the Act’s constitutional validity, or ‘vires.’ Their combined concerns led to the Supreme Court’s subsequent in-depth consideration of the Act and the reservation of the verdict.
During the concluding arguments on Monday, Attorney General for Pakistan (AGP) Mansoor Usman Awan and Pakistan Tehreek-e-Insaf (PTI) lawyer Ali Zafar took the stage. AGP Mansoor defended the right to appeal cases under Article 184-3, arguing these cases have a distinct jurisdiction for review. Despite this, Chief Justice Bandial voiced reservations about the right of appeal in revision cases, recommending thoughtful deliberation.
PTI Lawyer’s Standpoint
Ali Zafar, the lawyer representing PTI, made a counter-argument, claiming that any changes to the apex court’s powers cannot be achieved through mere legislation.
Zafar emphasized that a constitutional amendment is a prerequisite to modify the Supreme Court’s powers. He supported his stance by referring to numerous apex court decisions tied to judicial powers. Moreover, he stressed that Article 187 bestows broad authority on the Supreme Court to deliver complete justice.
The petitioner against the Review of Judgments and Orders Act 2023, Rahi, has appealed to the Court to pronounce the Act unconstitutional, void ab-initio, and devoid of legal effect.
Rahi has based his contention on Articles 188 and 191 of the Constitution, arguing that the law is unconstitutional. He claims the government passed the law for its advantage, neglecting the public interest. The law came into effect on May 5, 2023.
Despite the heated opposition, Law Minister Azam Nazeer Tarar defended the Act. He stated that the Act empowers the Supreme Court to review any judgment or order it issues, citing Article 188 of the Constitution.
The Supreme Court’s final verdict on the matter, as announced by Chief Justice Bandial, will be discussed and pronounced after evaluating all the presentations made.
 Act 2023. The Act's constitutionality is being questioned by various petitioners, including Ghulam Mohiuddin, Zaman Khan Vardak, and the Jurists Foundation){kind=link}