SC turns down review of judgements law, calls it 'unconstitutional'

ISLAMABAD: Pakistan's Supreme Court (SC) on Friday ruled that the Review of Judgments and Orders Act, 2023 was "unconstitutional", crashing all the hopes of Pakistan Muslim League (N) supremo Nawaz Sharif, who was seeking to challenge his lifetime disqualifications, Geo News reported. A three-member bench of the apex court announced the decision reserved on June 19 after six hearings — from June 7 to June 19 — on multiple petitions challenging the law, enacted in late May.

Chief Justice Umar Ata Bandial said that the Supreme Court Review Act is against the Constitution and added that the verdict was passed unanimously and a detailed order will be issued later. The detailed 87-page long order said the Ais "repugnant to and ultra vires the Constitution [...] being beyond the legislative competence of the Parliament." "It is accordingly struck down as null and void and of no legal effect," the order mentioned, according to Geo News. Ghulam Mohiuddin, Zaman Khan Vardak, the Jurists Foundation, through its CEO Riaz Hanif Rahi, and the Pakistan Tehreek-e-Insaf (PTI) had challenged the vires of the act.

Attorney General for Pakistan (AGP) Mansoor Usman Awan had — during the hearing of the case — asked the court to dismiss the pleas against the law, explaining that it broadens the court's jurisdiction and does not curb its powers. Earlier in May, President Arif Alvi signed the Supreme Court Review of Judgements and Orders Act 2023, Samaa English reported. Samaa English is the English language portal of Pakistan's news channel Samaa TV. Legal experts said that now PML-N supremo Nawaz Sharif and Jahangir Tareen will also be able to exercise the right of appeal against their lifetime disqualifications within 60 days.

Legal expert Kamran Murtaza says the law will benefit everyone equally."Anyone can take one-time benefits under the law. Even if that time has passed, a person can say that person A was given the benefit today, the same thing happened to me yesterday.

Otherwise, it will be discrimination and Article 25 will be violated," he added. The law further says the appeals will be heard by a bench larger than the adjudicating bench, reported Samaa English. In 2017, the Supreme Court disqualified former Prime Minister Nawaz Sharif from holding public office in a landmark decision on the Panama Papers case, reported Dawn.