SC rejects review appeal against its decision on Practice and Procedure Bill
Federal government had requested Supreme Court to conduct review bill hearing through larger bench, which Supreme Court has rejected.
A three-judge bench of Supreme Court resumed hearing the joint cases of delay in elections in Punjab and Supreme Court Practice and Procedure Bill recently passed by Parliament.
The Supreme Court of Pakistan has accepted the request of Pakistan Tehreek-e-Insaf (PTI) to become a party to the review decision.
The Supreme Court of Pakistan has decided to uphold its judgment by rejecting the federal government’s review appeal against its recently issued verdict. The hearing of the case has been adjourned till tomorrow. After the approval of the Supreme Court Practice and Procedure, the federal government filed an appeal to review the decision of the member bench of the Supreme Court.
The Supreme Court will hear the arguments of the lawyers against the revised law tomorrow. A three-member bench of the Supreme Court also heard the review petition of the Election Commission in the Punjab election case.
Chief Justice of Pakistan Umar Atta Bandyal was heading the bench, which also included Justice Ijaz-ul-Ahsan and Justice Muneeb Akhtar.
The court has issued a notice to all the parties including the Pakistan Bar Council and the Attorney General. It is hoped that the Attorney General of Pakistan will inform the court of the federal government’s position regarding the Supreme Court Practice and Procedure Bill.
On this occasion, lawyer Riyaz Hanif Rahi, who had been missing for a few days, suddenly appeared in the court and requested to hear his plea as well.
The Chief Justice remarked that the court will first hear the arguments on the revision application, if the arguments of the law for the revision of the decision are not strong, then the future course of action will be decided.
The Election Commission of Pakistan said that the petitions should be kept pending till the decision is taken on the petition filed against the law.
The petitioner told the court that the Revision Act is against Article 10 of the Constitution, the revision also interferes with the independence of the judiciary.
The counsel for the petitioner said that the purpose of the rules of process, procedure, and revision is the same. That is to limit the authority of the Supreme Court.
The court also accepted PTI’s request to become a party in the case. Barrister Ali Zafar argued that the Supreme Court has the authority to review the decisions, the review is justified in Article 188.
Ali Zafar further said that there is an impression of the finality of the decisions of the Supreme Court while the revisional jurisdiction cannot be the same as the appeal. The purpose of revision is only to correct the original decision.
Chief Justice Umar Atta Bandial remarked that Article 188 also deals with Acts of Parliament. The Constitution does not say anything about appeals against the decision of the Supreme Court.
Ali Zafar said that in the new law, the same jurisdiction of review has been given as that of appeal.
The Chief Justice said that there is a big difference between appeal and revision, the new law has combined both the proceedings.
The counsel drew the court’s attention to the fact that if such laws continue to be enforced from time to time, new legislation may soon be enacted for a second appeal.
The Chief Justice remarked that in India a curative review is decided in-chamber and on two grounds, while in Pakistan it would not be good if Article 187 was also included in the revision law.
Addressing the Attorney General, the Chief Justice inquired, “Don’t you think that these matters should be considered patiently instead of hastily?”
The Supreme Court adjourned till Monday the hearing of the Election Commission of Pakistan’s petition in conjunction with the federal government’s request to constitute a larger bench.
Chief Justice of Pakistan Umar Atta Bandial had decided to retain a three-member bench headed by him to hear the Punjab election case.
According to the cause list issued by the Supreme Court Registrar’s Office, the bench comprising Chief Justice Bandyal, Justice Ijazul Ahsan, and Justice Muneeb Akhtar was supposed to hear the Punjab Election Revision case today.
Last week, the chief justice had announced that the court would hear two cases – the Election Commission’s review petition against the Supreme Court’s order to hold elections in Punjab, as well as the review petitions against the judgment. Together.
Chief Justice Umar Ata Bandial has said that the two cases will be heard together next Tuesday.
The Supreme Court has issued a notice to the federal government on the review appeal against its decision, while further hearing on the review application of the Election Commission of Pakistan (ECP) in the Punjab elections case has been adjourned till Tuesday.
