President Arif Alvi surprises Supreme Court with  suo motu review law

President Arif Alvi surprises Supreme Court with suo motu review law

Islamabad : The Supreme Court has indefinitely put off the hearing on the Election Commission of Pakistan’s (ECP) plea against its order of holding Punjab’s polls on May 14 after the apex court was informed that a law for the review of suo motu judgements had come into force.

Chief Justice of Pakistan (CJP) Umar Ata Bandial on Monday adjourned the hearing of Election Commission of Pakistan’s petition asking the top court to revisit its previous order of 4 April holding polls for the Punjab Assembly.

The Supreme Court Review of Judgments and Orders Bill, 2023, came into force Friday after President Arif Alvi’s assent. AGP submitted a notification, signed by the president, pertaining to the same in court.

The Law, passed by the Senate and National assembly earlier this month states that that it is 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.

A three-member bench — headed by Chief Justice of Pakistan Umar Ata Bandial and comprising Justice Ijaz Ul Ahsan and Justice Munib Akhtar — heard the plea.

This is the same bench that issued the April 4 verdict — under Article 184 (3) or the suo motu law. It had directed the commission to hold elections in Punjab in the mid of May and ordered the federal and Punjab governments to provide assistance to the ECP.

Despite the top court’s order, the federal government expressed its inability to provide funds to the election commission and the armed forces had said they could not provide security due to the ongoing law and order situation.

At the outset of the hearing, AGP Awan came to the rostrum and said that he wanted to put some points before the bench.

He revealed that after the president’s assent, the Supreme Court (Review of Judgements and Orders) Bill 2023, had become law. “As per the new law, the scope of review and appeal is now the same.”

The AGP went on to say that the review could only be heard by a larger bench and raised objections to the three-judge panel hearing the case.

After the enactment of The Supreme Court Review of Judgments and Orders Bill, 2023, Former Prime Minister Nawaz Sharif who was ousted from the office in 2017, after the panama gate scandal will be able to appeal against his ouster.

The law has paved way for the return of Former Leader of PTI, Jahangir Tareen to parliamentary politics. Today in the hearing When the apex court was appraised regarding the enactment of the law, CJP Bandial remarked that “No wonder why the ECP lawyer has a smile on his face”.

The hearing was adjourned indefinitely.

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