ISLAMABAD: The Supreme Court (SC) on Wednesday adjourned the hearing of the Punjab Election Review Case and the Supreme Court Review of Judgments and Orders Act 2023 till May 13.
A three-member bench headed by Chief Justice of Pakistan Umar Atta Bandial had consolidated the Punjab Election Review case and the Review Order Act case yesterday.
The bench, headed by the Chief Justice, also includes Justice Ijaz-ul-Ahsan and Justice Muneeb Akhtar.
Review Order Act
In his plea against the Review of Judgments and Orders Act, 2023, petitioner advocate Riyaz Hanif Rahi pleaded with the court to “declare the [Act] as unconstitutional and null and void as being ultra vires.” be released.”
In the petition filed by Rahi, the government was made a defendant through the Secretary of the Ministry of Law and Justice and the Secretary of the Senate Secretariat Muhammad Qasim Samad Khan.
Citing Articles 188 and 191 of the Constitution, he claimed that the law was “unconstitutional” and was passed by the government “for personal gain to avoid the rule of the present Chief Justice without considering the public interest”. What is it.
Rahi further submitted that the respondents had no jurisdiction to go beyond their constitutional limits.
This law came into effect on May 5, 2023.
Referring to the Act, Prime Minister Nazir Tarar referred to Article 188 of the Constitution and said that it [the Act] is subject to the provision of the Supreme Court by any Act of the Majlis Shura and any rules made by the Supreme Court. Gives authority. Review any judgment rendered or any order made by it. He said that the nature of the latest legislation is procedural.
The Law Minister said that this bill has been framed under the spirit of Article 188 of the Constitution.
ECP’s petition
In the previous hearing of the ECP’s petition challenging the Supreme Court’s right to announce the date of holding elections in Punjab province, Chief Justice Bandial had on behalf of Attorney General for Pakistan (AGP) Mansoor Usman Awan. The hearing was adjourned indefinitely after the revision was referred.
The brief hearing ended after the AGP informed the bench that the revision order had come into force.
In its petition, the Electoral Watchdog had earlier said that under the Constitution, the authority to announce the date of general elections is vested in bodies other than any judicial body. Therefore, the revised decree “violates the vital principle of trichotomy of powers and is thus not sustainable”.
Besides, the ECP had taken a stand that the general elections of the National Assembly cannot be fair in the presence of an elected government in Punjab.
