ISLAMABAD: A three-judge Supreme Court bench comprising Chief Justice of Pakistan Umar Ata Bandial, Justice Ijaz-ul-Ahsan and Justice Munib Akhtar will resume on Tuesday the hearing of the Election Commission of Pakistan’s (ECP) review petition against the April 4 verdict regarding the date for Punjab Assembly elections and three constitutional petitions challenging the vires of Supreme Court (Review of Judgments and Orders) Act, 2023.

While the petitions were clubbed together with the ECP’s review petition, the main effort would be to proceed in a manner that the review petition against the SC verdict about fixing May 14 for the elections in Punjab is decided ‘expeditiously’.

In its last order of June 7, the apex court recalled that the primary contention of the petitioners in the fresh challenges to the recently enacted law was that the enlargement of the scope of the review jurisdiction of the court in matters arising from the proceedings under Article 184(3) of the constitution was made available on all grounds permitted in an appeal.

Suo motu case on Covid-19 response disposed of as global emergency is over

The conferment of the appellate powers in the review jurisdiction amounts to converting the remedy of review into an appeal, the order stated, adding such merger of the jurisdiction eliminating distinction between the review and appeal jurisdiction created by Articles 188 (power of review) and 185 (appeal against high court judgments) of the constitution was unconstitutional and void.

The petitions have also pleaded that the act purports the same object and effect as the Supreme Court (Practice and Procedure) Act, 2023 which was already challenged before the court for providing the remedy of appeal that transgresses the limits imposed in Entry 55 of the Federal Legislative List in the Constitution.

Then Syed Ali Zafar representing PTI, AGP Mansoor Usman Awan as well as ECP’s counsel Sajeel Shaharyar Swati had already agreed that the review petition ought to be decided ‘expeditiously’, as it involves important constitutional points about holding of elections and in that context, the manner in which the constitutional obligations envisaged in Article 224(2) read with Article 218(3) of the constitution have to be discharged.

Covid-19 case closed

On Monday, the Supreme Court while noting that global emergency related to coronavirus pandemic has already been lifted a month ago wrapped up the suo motu proceedings it had initiated in April 2020 regarding precautionary measures being taken by the federal and provincial governments.

With the closure of the case, all pending miscellaneous applications or appeals against any action taken earlier by the court will also stand disposed of.

Heading a four-judge SC bench, Justice Ijazul Ahsan while dictating an order observed that the suo motu proceedings was disposed of considering the WHO move to lift the Covid-19 emergency on May 5.

The suo motu notice was taken by the then Chief Justice of Pakistan Gulzar Ahmed on April 7, 2020, nearly six weeks after the first case was reported in the country.

During the brief proceedings on Monday, Justice Ahsan said that since the pandemic was over, what ought to be done was to wrap up the matter. Also, Justice Ayesha A. Malik, a bench member, observed that lesson had already been learnt from the coronavirus pandemic.

Compliance reports by the provinces would become part of the case record, the court order stated, noting that no notification regarding Covid-19 prevention had been issued by the government during the past eight months.

Published in Dawn, June 13th, 2023