Legal practitioners split on SC ruling

ISLAMABAD: Legal practitioners have expressed divided opinion on the verdict given by the apex court on petitions challenging the Supreme Court (Review of Judgments and Orders) Act 2023, passed by the parliament.

Talking to Hum News English, prominent legal practitioner Hasan Raza Pasha said, “The Pakistan Bar Council has passed several resolutions to amend Article 184(3) to ensure fair trial and due process of law in view of Article 10-A of the Constitution.”

“Article 188 of the Constitution — which states that the Supreme Court has the power to review any judgment pronounced or any order made by it — did not limit the scope of a review. Extending the scope of review in cases pertaining to Article 184(3) is not discriminatory because the appeals were filed before the apex court against the judgment/order of the high courts or tribunals, while the cases under Article 184(3) are heard under original jurisdiction,” he said.

Pasha said that there was a need to amend the rules to give litigants the right of appeals against the judgments rendered under Article 184(3) of the Constitution.

He also pointed out that the timing of the judgement was quite tricky because it apparently seemed that the Supreme Court announced the verdict after the expiry of the constitutional term of the National Assembly.

The Supreme Court on Friday struck down the Supreme Court (Review of Judgments and Orders) Act 2023.

SC strikes down ‘Review of Judgement and Orders Act 2023’

The now nullified Act could have paved the way for challenging the disqualification of former prime minister Nawaz Sharif, who was disqualified by the apex court under Article 62(F) of the Constitution in 2017.

Former prime minister Syed Yusuf Raza Gilani, Istehkam-e-Pakistan Party (IPP) leader Jehangir Khan Tareen and affected persons of the Nasla Tower, Karachi, would also have the right to file appeals in cases decided by the Supreme Court under Article 184(3).

The Supreme Court (Review of Judgements and Orders) Bill 2023, passed by the National Assembly on April 15, was aimed at giving right of appeal under Article 184 of the Constitution –a right that was not available in the past.

Senior lawyer Hifza Bokhari told Hum News English that the lawyers highly praised the passing of the Supreme Court Practice and Procedure Bill 2023 by the National Assembly regarding the exercising the powers of the Supreme Court under Article 184(3) in respect of suo motu jurisdiction by giving the right of appeal to the aggrieved party.

“These kinds of decisions will further damage the image of the apex court in the eyes of the public. The clear divide in the ranks of the Supreme Court has already raised eyebrows and the common man is fast losing confidence in the judicial system,” she said.

Bokhari said, “Not having the right to appeal in Article 184(3) is against the basic principles of the Constitution and there is no immediate hearing on cases of urgent nature. The rampant use of Article 184(3) started from 2008 to 2010 when a former chief justice started taking suo motu notices.”

Senior advocate Shoaib Shaheen told Hum News English that the government cannot make changes in rules of the apex court through simple legislation as it can only be done through a constitutional amendment.

He said, “The coalition government should have given a chance to lawmakers of the Pakistan Tehreek-e-Insaf (PTI) to return back to the National Assembly. Then it could have negotiated with the opposition party and introduce constitutional amendment. But it adopted other tactics that was why the legislation carried out by the government was struck down by the Supreme Court.”