ISLAMABAD: The country’s top judge said on Thursday that the Supreme Court had no issue with the new law, expanding the scope of review petitions under Article 184(3), but the problem lay in the way the law was enacted.

Chief Justice Umar Ata Bandial’s remarks came while heading a three-member bench which heard a set of appeals challenging the Supreme Court (Review of Judgments and Orders) Act, 2023 and the ECP review against the verdict fixing May 14 as the date for holding Punjab Assembly elections.

The chief justice observed that the government can enact any law which provides an effective remedy in case of the apex court’s decisions but the problem lies with the method and manner of enacting the law. He said changes should have been made through a constitutional amendment and not ordinary law.

While defending the law, Attorney General for Pakistan (AGP) Mansoor Usman Awan highlighted the evolution and expansion of the Supreme Court’s review jurisdiction from time to time.

Justice Munib Akhtar, a member of the bench, observed that by enacting the law, the government has created a special class for decisions made under Article 184(3).

The court could decide appeals against the high courts’ decisions under Article 185 of the Constitution but the scope of review has been expanded into appeals on decisions made by the apex court under Article 184(3) of the Constitution.

Justice Ijazul Ahsan emphasised the need for understanding how and why the SC’s review jurisdiction has been expanded. He wondered what the scope of review would be if a case landed in the court under Article 184(1) of the Constitution.

Published in Dawn, June 16th, 2023

Opinion

Editorial

Smog hazard
Updated 05 Nov, 2024

Smog hazard

The catastrophe unfolding in Lahore is a product of authorities’ repeated failure to recognise environmental impact of rapid urbanisation.
Monetary policy
05 Nov, 2024

Monetary policy

IN an aggressive move, the State Bank on Monday reduced its key policy rate by a hefty 250bps to 15pc. This is the...
Cultural power
05 Nov, 2024

Cultural power

AS vital modes of communication, art and culture have the power to overcome social and international barriers....
Disregarding CCI
Updated 04 Nov, 2024

Disregarding CCI

The failure to regularly convene CCI meetings means that the process of democratic decision-making is falling apart.
Defeating TB
04 Nov, 2024

Defeating TB

CONSIDERING the fact that Pakistan has the fifth highest burden of tuberculosis in the world as per the World Health...
Ceasefire charade
Updated 04 Nov, 2024

Ceasefire charade

The US talks of peace, while simultaneously arming and funding their Israeli allies, are doomed to fail, and are little more than a charade.