Prominent political figures including former prime ministers Nawaz Sharif and Yusuf Raza Gilani, along with senior politicians like Jahangir Tareen, can approach the Supreme Court for relief under the new bill passed by the National Assembly.
The National Assembly on Wednesday passed the landmark Supreme Court (Practice and Procedure) Bill, 2023, which restricts the discretionary powers of the Chief Justice of Pakistan (CJP) to take suo motu notice under Article 184(3) of the Constitution. tries to
The House had allowed an amendment moved by MNA Mohsin Dawar, according to which the bill relating to the commencement of the Act would have retrospective effect when it comes to filing an appeal against an order, which is referred to in the said article. It was approved by the Chief Justice.
“The right of appeal shall also be available to any aggrieved person against whom an order under Article 184(3) has been passed before the commencement of this Act provided that within 30 days of the commencement of this Act under this section An appeal should be filed.” According to the amendment.
The implementation of the law, which was passed by the National Assembly and was to be tabled in the Senate today, will pave the way for contesting the disqualification of former Prime Minister Nawaz Sharif, who is disqualified under Article 62 (f) of the Constitution. was declared. 2017, it is believed.
Nawaz Sharif
Under the new law, the former prime minister can file an appeal against the decision of the Supreme Court within 30 days of the commencement of the law.
The Supreme Court declared Nawaz Sharif ineligible for public office in the Panama Papers case. The decision was made under Article 184(3) on the petitions filed by PTI chief Imran Khan.
During the hearing of the suo motu notice, the Supreme Court directed the National Accountability Bureau (NAB) to file four references. Nawaz Sharif was convicted in two references and Maryam Nawaz in one reference. However, the Lahore High Court acquitted Maryam Nawaz in the reference.
Yusuf Raza Gilani
Apart from this, the victims of Pakistan People’s Party (PPP) Yousuf Raza Gilani, PTI’s defected leader Jahangir Khan Tareen and Nasla Tower, Karachi will also have the right to file appeals.
Various other important cases may also be opened and appeals may be filed after the new legislation.
Jehangir Khan Tareen
On the request of Hanif Abbasi, the Supreme Court disqualified Jahangir Khan Tareen for life and declared Imran Khan as Sadiq and Amin. Under the new law, Hanif Abbasi will be able to file an appeal against the decision of Sadiq and Amin.
Justice Qazi Faez Isa
The reference against Qazi Faiz Isa was filed by the PTI government. Justice Faiz Isa challenged the reference under Article 184(3) and the Supreme Court dismissed the presidential reference as null and void.
Pervez Musharraf
The Supreme Court declared former President Pervez Musharraf’s reference against former Chief Justice Iftikhar Muhammad Chaudhry illegal under Article 184 (3). Apart from this, General Musharraf’s declaration of emergency on November 3, 2007 was declared unconstitutional by the Supreme Court under Article 184(3).
On the request of the Rawalpindi Bar, the court had ordered to register a case of high treason against General Musharraf under Article 184(3).
NRO
The Supreme Court had earlier also declared the NRO [National Reconciliation Ordinance] illegal under the same article and later held Yusuf Raza Gilani guilty of contempt of court for not implementing the court order in the case.
Imran Khan and others had challenged the Speaker’s decision under Article 184(3) and Yusuf Raza Geelani was barred from holding public office for five years.
Deedar Hussain Shah
Under the same article, the Supreme Court declared the appointment of Didar Hussain Shah as NAB Chairman illegal.
The decision of the Supreme Court that a person ineligible for life cannot be appointed as the head of a political party was also given under the same suo motu powers.
There are about 400 cases decided under Section 184(3).
