ISLAMABAD: Chief Justice of Pakistan (CJP) Umar Atta Bandial on Wednesday remarked that a constitutional amendment would be required if the right of appeal is to be given in revision.
As the head of a three-judge bench, Bandyal was hearing petitions challenging the Supreme Court (Revision of Judgments and Orders) Act, 2023. He observed that the court was examining whether Parliament could widen the scope of review through legislation.
The Chief Justice remarked that if a right of appeal is to be given in revision, a constitutional amendment would be required to do so, adding that revision is a constitutional requirement and therefore cannot be converted into an appeal.
PTI Secretary General Umar Ayub’s lawyer Barrister Ali Zafar completed his arguments in the petitions, challenging the Supreme Court (Review of Judgments and Orders) Act, 2023.
Umar Ayub had filed an application to become a party in the instant case, which was allowed by the court the next day.
Barrister Ali Zafar took the stand that if the scope of review under Article 188 of the Constitution is widened under the new law, questions will be raised on the decisions given under Article 184 (3) of the Constitution.
He clarified that if right of appeal is given in Article 184(3) instead of revision, the powers of Article 184(3) will be reduced.
Ali Zafar recalled that in view of the revision details contained in the 1956 Constitution, the Supreme Court had recognized the revision facts in its judgment in 1962.
Later, the court adjourned the hearing of the case till Thursday (today) when Attorney General Mansoor Usman will begin his arguments.
Earlier, Chief Justice Justice Umar Atta Bandial stopped a lawyer from narrating his ordeal regarding his abduction and asked him to show patience, courage and patience as the country is going through a transitional period.
A three-member bench of the Supreme Court, headed by Chief Justice Justice Ijaz-ul-Ahsan and Justice Muneeb Akhtar, heard the petitions challenging the Supreme Court (Review of Judgments and Orders) Act, 2023.
Ghulam Mohiuddin, Zaman Khan Wardag and Jurist Foundation had challenged the Supreme Court (Review of Judgments and Orders) 2023 vide through its Chief Executive Officer (CEO) Riaz Hanif Rahi.
“I was pressured to withdraw my petition challenging the SC (Review of Judgments and Orders) Act 2023 and was abducted,” Riaz Hanif Rahi revealed in court.
Although he accepted the arguments of PTI’s lawyer Barrister Ali Zafar in the matter, he told the court that he wanted to read out his plea in court. However, the Chief Justice stopped the petitioner saying that he would read it.
After filing an urgent petition challenging the Supreme Court (Review of Judgments and Orders) Act, 2023, Riyaz Rahi went missing.
He said that he had appeared in the court on the second day and requested to take his plea as well. On Wednesday he came back to the rostrum and pleaded that he wanted to say something.
He informed the court that he has been asked to withdraw the application and leave his hometown Islamabad.
“Sir, this is your personal matter, and I have your request. And if you wish, you may meet me in chambers,” the chief justice told Riyaz Rahi.
The Chief Justice said that the country is going through a period of change. Therefore, we must show patience, persistence and courage to deal with the current situation in the country.
The Chief Justice remarked that let us learn to deal with this situation.
Earlier on June 10, the Islamabad Capital Territory Police (ICT) confirmed the registration of a case after the disappearance of Riyaz Hanif Rahi advocate.
Similarly, the Islamabad High Court had directed the IG Police Islamabad to ensure the recovery of the lawyer by contacting the police department and relevant intelligence agencies for further assistance.
IHC judge Justice Tariq Mehmood Jahangiri wrote in the order that the lawyer’s son fears that his father is being illegally detained by a person or agency and has approached the Inspector General of Police (IG). ) has sought a report from Islamabad on this issue by June 12.
