SC clubs ECP's election case, petitions challenging judgement review law

3 months ago 9
Justice Ijazul Ahsan (left), CJP Umar Ata Bandial and Justice Munib Akhtar (right). — Supreme Court website Justice Ijazul Ahsan (left), CJP Umar Ata Bandial and Justice Munib Akhtar (right). — Supreme Court website

ISLAMABAD: The Supreme Court (SC) connected Wednesday adjourned the proceeding of Punjab predetermination reappraisal lawsuit and the Supreme Court Review of Judgements and Orders Act 2023 — which mandates the constitution of a larger seat for reviewing a suo motu judgement, till May 13.

A three-member seat headed by Chief Justice of Pakistan Umar Ata Bandial had clubbed the Punjab predetermination reappraisal lawsuit and the Review Order Act lawsuit earlier successful the day. 

The seat headed by the apical justice besides included Justice Ijaz ul Ahsan and Justice Munib Akhtar.

Review Order Act

The petitioner Advocate Riaz Hanif Rahi successful his plea against the Review of Judgements and Orders Act 2023 requested the tribunal to "set speech [the Act] arsenic unconstitutional being Ultra Vires, void ab-initio and issued without jurisdiction [and] of nary ineligible effect."

The petition filed by Rahi made the authorities a responsive done the Ministry of Law and Justice Secretary and Senate Secretariat Secretary Muhammad Qasim Samad Khan.

Citing Articles 188 and 191 of the Constitution, it contended that the instrumentality is “unconstitutional” and has been passed by the authorities for “its idiosyncratic vantage to debar the authorities of contiguous CJP without taking into information the nationalist interest”.

Rahi further submitted that the respondents had nary jurisdiction to spell beyond their law limits nether “extraneous considerations and ulterior motives”.

The instrumentality came into effect connected May 5, 2023.

Referring to the Act, Law Minister Azam Nazeer Tarar alluded to Article 188 of the Constitution and said it [the law] empowers the SC taxable to the proviso of immoderate Act of Majlis-e-Shoora and immoderate rules made by the apical court, to reappraisal immoderate judgement pronounced oregon immoderate bid made by it. He said the latest authorities is procedural successful nature.

The instrumentality curate said the measure was formulated nether the tone of Article 188 of the Constitution.

ECP’s petition

In the erstwhile proceeding of the ECP’s petition challenging the SC’s close to denote a day for holding elections successful the state of Punjab, CJP Bandial had indefinitely adjourned the proceeding aft Attorney General for Pakistan (AGP) Mansoor Usman Awan cited the reappraisal of judgement order.

The little proceeding came to an extremity aft the AGP had informed the seat that the reappraisal bid had travel into effect.

The electoral watchdog successful its petition had earlier submitted that, nether the Constitution, the powerfulness of the announcement of the day for the wide elections is vested successful bodies different than immoderate judicial institution; therefore, the impugned bid nether reappraisal had "breached the salient rule of the trichotomy of powers and frankincense is not sustainable".

Moreover, the ECP had submitted that successful the beingness of an elected authorities successful Punjab, the wide elections to the National Assembly cannot beryllium conducted fairly.

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