ISLAMABAD , June 19, 2023: The Supreme Court of Pakistan on Monday reserved its judgement on the constitutional petitions against review of orders and judgement act.
The new review of orders and judgement act was challenged in the Supreme Court through constitutional petitions seeking to declare the law unconstitutional.
Chief Justice of Pakistan Umar Ata Bandial reserved the judgement after hearing arguments of both parties. The constitutional petitions had been filed by Ghulam Muhayuddin and Zaman Virdag.
Earlier, the three-member bench headed by Chief Justice of Pakistan Umar Ata Bandial (others being Justice Muneeb Akhtar and Justice Ejazul Ahsan) conducted hearing of the case.
The attorney general in his arguments said that under Article 188, the court had the power to review any judgement and there was no limit set under it.
The chief justice remarked that the power to legislate rested with the legislators and how could review and appeal be the same. “The court will also have to consider the facts,” he said and added, “If the right of review appeal is extended, will it not be discriminatory?”
The attorney general said there were several judgements of the Supreme Court regarding power of parliament to legislate, a separate scope had been kept for review in Article 184/3 cases.
The chief justice asked the attorney general to explain his arguments and satisfy the court. “You are saying that the constitution has been exploiting people before the right of appeal. How can you ignore the entire constitution for a constitutional issue?”
In response, the attorney general said that before the Act, there was no way to review the 184/3 and no one was exploited by the government legislation.
The chief justice remarked that a well-deliberated decision should be taken to grant the right of appeal in Article 184/3 cases. “There is no right of direct appeal in Article 184/3 cases in India as well,” the CJP said.
Later, the Supreme Court reserved its decision on the petitions against the review of orders and judgements act and the chief justice said the decision would be delivered soon.