The Supreme Court, on Friday, declared the “Supreme Court (Review of Judgments and Orders) Act 2023” null and void. This conclusion arrived after six hearings from June 7 to June 19, with the verdict held in abeyance since June 19.
The law’s legitimacy was debated upon petitions submitted by individuals like Ghulam Mohiuddin and Zaman Khan Vardak and bodies like the Jurists Foundation, represented by its CEO, Riaz Hanif Rahi. Notably, the political party Pakistan Tehreek-e-Insaf (PTI) also voiced its concerns against the act.
Intent and Details of the Review Law
Implemented during the coalition government’s term, the contentious law sought to aid and empower the Supreme Court in revisiting its past judgments and orders. It was presented as a means to guarantee fundamental rights to justice by allowing a comprehensive reexamination of verdicts and rulings issued by the Supreme Court under Article 184 of the Constitution.
Furthermore, the act clarified that the extent of revision regarding factual and legal aspects would equate to an appeal as defined under Article 185. This point references the Court’s unique authority under Article 184(3), which permits it to handle issues of “public significance” linked with the “realization of fundamental rights” for the populace.
Notable Provisions and Changes
One of the primary changes the 2023 law introduced was in the review mechanism. Traditionally, the same bench responsible for the original order would assess a review petition. However, this act stipulated that a more extensive bench should undertake the review. It empowered the review petitioner to engage any Supreme Court advocate for their cause.
In addition, the law allowed aggrieved individuals to file a review petition against any decisions made under clause (3) of Article 184 before this act’s statement. This right came with a condition: the review petition had to be filed within a 60-day window following the act’s commencement. Similarly, the legislation asserted 60 days from the passing of the initial order for the submission of a review petition.
