ISLAMABAD: The Senate on Friday passed the Supreme Court Review of Judgements and Orders Bill 2023 amid uproar by the opposition.

The bill, brought to the House through supplementary agenda, was moved by Senator Irfanul Haque Siddiqui, who is believed to be a close confidant of PML-N supremo Nawaz Sharif. The House allowed its immediate consideration with a majority vote of 32-21.

The government claims that the bill, which has already been passed by the National Assembly, aims to facilitate and strengthen the Supreme Court in exercise of its powers to review judgements and orders.

However, the opposition sees it as an attempt to reverse the disqualification of former premier Sharif.

Protests by the opposition began soon after the announcement of the supplementary agenda. PTI lawmakers chanted slogans against the “imported government” and gathered around the chairman’s podium. They tore apart copies of the agenda and demanded the bill be sent to the relevant standing committee.

Opposition believes it is an attempt to reverse Nawaz Sharif’s disqualification

The opposition lawmakers returned to their seats only after a motion was announced for voting on the suspension of rules to take up the supplementary agenda.

‘Procedural in nature’

During the session, Law Minister Azam Nazeer Tarar referred to Article 188 of the Constitution, saying it empowers the Supreme Court to review any judgement or order issued by it, subject to the provisions of any Act of Majlis-i-Shoora and any rules made by the Supreme Court. He stated that the latest legislation was procedural in nature.

He insisted that the legislation did not disrespect the judiciary in any way. He explained that the bill had four sections that were in line with Article 188 of the Constitution.

“Parliament has not encroached even a single inch, and will not step back an inch,” he declared amid an ongoing tussle between the government and the judiciary over polls as per the constitutional provision.

Leader of the Opposition Dr Shahzad Waseem of PTI accused the government of using parliament as a shield to hide behind. “Stop playing with the Constitution,” he said.

He said the government was attempting to evade elections by using the pretext of parliament’s supremacy, in order to avoid a crushing defeat.

Mr Waseem made it clear that the Constitution mandates the holding of elections within 90 days after the dissolution of an assembly, and that this requirement cannot be changed through speeches, resolutions, or even simple legislation.

“Where were these people when Qasim Suri’s ruling was thrown out? Was parliament not supreme at that time?” he questioned.

The PTI leader criticised the coalition leaders for their alleged disrespect to courts, and claimed that “Pakistan is currently functioning without a proper government”.

He also questioned how the budget could be passed when “there are no functioning governments in Khyber Pakhtunkhwa and Punjab”.

“These are just tactics to avoid elections,” he told the House.

The PTI senator pointed out that despite being shot at, party chairman Imran Khan was appearing before the courts.

The senator said: “There is this prime minister before you and then there is the one who is sitting abroad today,” referring to former prime minister Nawaz Sharif who is currently living in London. He then called on the government to show due respect to the judiciary.

“You will have to accept and implement the Supreme Court’s order on elections no matter what,” emphasised.

The bill says it was necessary to ensure the fundamental right to justice by providing for a “meaningful review” of the apex court’s judgements and orders in the exercise of the Supreme Court’s original jurisdiction, as described in Article 184 of the Constitution. It says that the scope of review on facts and law in case of apex court judgements and orders while exercising jurisdiction under Article 184, would be the same as an appeal under Article 185.

In addition, the bill specifies that a review petition must be heard by a larger bench than the one that passed the original judgement or order. It also grants the petitioner the right to appoint any advocate of the Supreme Court of their choice for the review petition.

The bill also extends the right to file a review petition to any aggrieved party against whom an order under Article 184(3) was issued before its commencement, provided that the review petition is filed within 60 days of the bill’s passing. It also sets a time limit of 60 days for filing a review petition from the date of the original order.

“The provisions of this Act shall have effect notwithstanding anything contained in any other law, rules or regulations for the time being in force or judgement of any court including the Supreme Court and a high court.” It reads.

Meanwhile, PTI Senator Ejaz Chaudhry while speaking in the House said that the allegations made by Shahid Khaqan Abbasi regarding corruption in the flour scheme should be investigated. Ejaz Chaudhry said that there was once a foreign minister in this country, now there is a minister for pleasure trips, who had now gone to Goa beach.

He objected that the foreign minister could have attended the SCO meeting online, but he was in love with Narendra Modi. The House also passed The Private Power and Infrastructure Board Amendment Bill, 2023 and the Kalam Bibi International Women Institute, Bannu Bill 2023.

Published in Dawn, May 6th, 2023