ISLAMABAD: A three-judge Supreme Court of Pakistan bench postponed its judgment on applications contesting the Supreme Court (The review was of Judgements and Orders) Act 2023 on Monday after both sides finished their arguments on challenging Supreme Court decisions to examine the law.
Ghulam Mohiuddin, Zaman Khan Vardak, and the Lawyers Foundation, under its CEO Riaz Hanif Rahi, submitted the lawsuits.
“The right to appeal in Article 184/3 cases should be carefully considered.” “There is no possibility of direct challenge in Articles 184/3 cases in India, as well,” he said.
In the meantime, the CJP Bandial acknowledged that legislation might broaden the scope of the study.
“The government’s decision has altered the evaluation contest, and therefore specific reasons have to be provided.” Before creating law, one must thoroughly examine the evidence.”
“Current policies will not affect justice provision; examine choices,” he concluded his comments.
At the same time, CJP Bandial stated that several flaws must be brought out to examine the leading case judgment.
He stated that an amendment to the constitution is required to modify the court’s power and that there have been several apex court rulings about the power of the judiciary.
He said that Article 187 gave the Supreme Court broad jurisdiction to administer perfect justice.
A lawyer stated that in the case of the Constitution of bigger benches, a lawsuit could not be heard anew.
Review of challenging Supreme Court decisions :
He added that changing the court’s power requires a constitutional change and that there have been previous high court judgments on the judiciary’s power.
According to him, Article 187 provided the Supreme Court extensive authority to administer perfect justice.
A lawyer said that due to the Constitution of larger benches, a case could not be tried again on challenging Supreme Court decisions to examine the law.
It argued, via Articles 188 and 191 of the Constitution, that the measure is unlawful and was enacted for “personal gain in order to prevent the authority of the current CJP without considering into account the public interest.”
the research of Rahi further claimed that the respondents lacked the authority to go outside their statutory power due to “extraneous considerations and hidden motives.”
The law took effect on May 5, 2023.
Relating to the Act, legislation Minister Azam Nazeer Tarar referred to Article 188 of the Constitution and stated that it [the legislation] authorizes the Supreme Court to overturn any judgment rendered or order issued by it, subject to the provisions of any Act of Majlis-e-Shoora and any regulations set by the top court. According to him, the most recent law is administrative in character.
According to the legislation’s minister, the measure was written in the spirit of Article 188 of the Constitution.