Chief Justice of Pakistan Umar Ata Bandial remarked on Tuesday that a constitutional amendment to Article 184 (3) regarding provision of appeal right would be welcomed.
The top judge gave the remarks when a three-member bench headed by himself, comprising Justice Ijazul Ahsan and Justice Munib Akhtar resumed hearing petitions challenging the Supreme Court (Review of Judgements and Orders) Bill, 2023.
The bill, which has been approved by the parliament, stated Article 188 of the Constitution empowers the Supreme Court, subject to the provision of any Act of Majlis-e-Shoora (Parliament) and any rules made by the Supreme Court, to review any judgment pronounced or any order made by it.
The bill states that in case of judgment and orders of the supreme court in exercise of its original jurisdiction under Article 184 of the Constitution, the scope of review on both facts and law, shall be the same as an appeal under Article 185 of the Constitution.
It proposes that a review petition shall be heard by a bench larger than the bench which passed the original judgment in order. It suggests that the review petitioner shall have the right to appoint any advocate of the supreme court of his choice for the review petition.
The bill states that the right to file a review petition shall also be available to an aggrieved person against whom an order has been made under clause (3) of the Article 184 of the Constitution, prior to the recommendation of this legislation. It suggests the petition shall be filed within sixty days of the commencement of this legislative piec
During today’s hearing, the CJP remarked constitutional powers could only be changed through a constitutional amendment.
PTI lawyer Ali Zafar argued that the legislation made by the ruling coalition aimed at clipping the powers given by Article 184 (3).
At one point, the chief justice remarked that review petitions were filed in India when the petitioner was not heard. “Here in Pakistan review petition is filed when decisions are illegal,” he added and adjourned the hearing till tomorrow (June 15).
