Chief Justice Umar Ata Bandial of Pakistan, presiding over the hearing, adjourned the proceedings regarding the Election Commission of Pakistan’s (ECP) petition to revisit the Supreme Court’s April 4 order to hold Punjab Assembly elections on May 14.
The adjournment came after Attorney General for Pakistan (AGP) Mansoor Usman Awan informed the court about a new law concerning the review of judgments.
The three-member bench, comprising Chief Justice Bandial, Justice Ijazul Ahsan, and Justice Munib Akhtar, initially convened for the hearing but swiftly decided to postpone the proceedings until Thursday, June 1.
During the hearing, the AGP raised objections to the bench, drawing attention to the recent enactment of the Supreme Court (Review of Judgements and Orders) Bill 2023. He presented a notification, signed by the President, to support his argument.
“The Supreme Court (Review of Judgements and Orders) Bill, 2023 is assented to, as advised by the prime minister,” said the notification, a copy of which is available with this scribe.
The newly passed law, approved by both the Senate and National Assembly earlier this month, emphasizes the necessity of upholding the fundamental right to justice by enabling a “meaningful review” of the Supreme Court’s judgments and orders. Its purpose is to ensure the exercise of the Supreme Court’s original jurisdiction, as described in Article 184 of the Constitution.
During the outset of hearing, Mansoor Usman Awan informed the court that the Supreme Court (Review of Judgements and Orders) Bill 2023 had become law after receiving the president’s assent.
He emphasized that the scope of review and appeal is now the same under the new law.
The AGP objected to the three-judge panel hearing the case, stating that a larger bench should handle the review.
Chief Justice Bandial inquired about the status of the Supreme Court (Practice and Procedure) Bill 2023, which aims to limit the powers of the Chief Justice to take suo motu notice.
The CJP suggested that the jurisdiction of Article 184(3) needs review to some extent, referring to the constitutional provision granting the Supreme Court the power to address matters of public importance relating to fundamental rights.
Chief Justice Bandial also asked the AGP if the opposing party had been informed about the review of judgments law. The AGP responded that the PTI lawyer, Ali Zafar, was on vacation.
The proceedings were adjourned until Thursday to allow the PTI and other concerned parties to be informed about the new law.
In addition to the hearing, the CJP mentioned that the court would resume its hearing on a set of petitions challenging the government-appointed judicial commission to probe audio leaks. He reminded the AGP to seek instructions from the government regarding this matter, emphasizing the need to protect the judiciary’s freedom and follow proper procedures for investigations. The CJP commented on the political climate, highlighting the importance of stabilizing the economy and ensuring security.
The deadlock over the holding of elections in Khyber Pakhtunkhwa and Punjab arose after the PTI dissolved its governments in these provinces in January. The ECP and governors did not provide a date for polls within the constitutionally stipulated timeframe. The Lahore High Court ordered the holding of polls in Punjab, but both the ECP and governor filed an intra-court appeal. The Supreme Court intervened and ordered the polls in Punjab on May 14, but the government failed to release the funds for the elections. The matter has since been subject to ongoing legal proceedings and discussions between the political parties involved.
