Islamabad: The Supreme Court Review of Judgments and Orders Act 2023 has been enacted, raising hopes for former Pakistan Muslim League Nawaz (PML-N) leader Nawaz Sharif and prominent businessman Jahangir Tareen, as per legal experts.
The legal experts have stated that the President of Pakistan, Dr. Arif Alvi, has given his approval to the Supreme Court Review of Judgments and Orders Act 2023, resulting in its implementation. This act allows Nawaz Sharif and Jahangir Tareen to submit a review plea concerning the sentences imposed on them.
It is important to note that the Supreme Court Review and Judgment Order Bill, which was passed by the National Assembly and Senate, was sent to President Arif Alvi for formal endorsement on May 8.
According to the bill, under section 184/3, any accused individual can exercise their right to review the sentences imposed on them in previous rulings.
The SC judgments' review bill
Article 188 of the Constitution empowers the Supreme Court, with the provision of any Act of Majlis-e-Shoora (Parliament) and Supreme Court rules, to review any pronounced judgments or issued orders.
The bill's objectives and reasons statement emphasizes the need to ensure fundamental rights to justice by facilitating meaningful reviews of judgments and orders issued by the Supreme Court in the exercise of its original jurisdiction under Article 184.
The bill stipulates that in the case of judgments and orders made by the Supreme Court under Article 184 of the Constitution, the scope of review, both on factual and legal grounds, shall be equivalent to an appeal under Article 185 of the Constitution.
It proposes that a review petition should be heard by a larger bench than the one that delivered the original judgment. Additionally, it suggests that the review petitioner should have the right to appoint any advocate of the Supreme Court of their choice for the review petition.
The bill states that the right to file a review petition should also be available to an affected person against whom an order has been issued under clause (3) of Article 184 of the Constitution, before the enactment of this legislation. It further suggests that the petition should be filed within sixty days of the commencement of this law.
Furthermore, it indicates that a review petition may be filed within sixty days of the issuance of the original orders. It clarifies that this legislation shall take effect regardless of any other prevailing law, rules, or regulations, including judgments of any court, including the Supreme Court and high courts.
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