This article explores the key provisions and implications of the Supreme Court Review Act 2023 pdf download. The Supreme Court of Pakistan recently witnessed a significant development with the enactment of the Supreme Court (Review of Judgements and Orders) Act 2023.
This new law, signed by President Dr. Arif Alvi, aims to expand the scope of review petitions and ensure fundamental rights to justice. Under the act, a larger bench will hear review petitions, granting individuals the opportunity to challenge judgments and orders passed by the Supreme Court.
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A New Era for Review Petitions
An apex court bench, led by Chief Justice of Pakistan Umar Ata Bandial, adjourned the hearing of the Election Commission of Pakistan’s review petition following the revelation by Attorney General for Pakistan (AGP) Mansoor Awan about the enactment of the new law.
The Supreme Court (Review of Judgements and Orders) Bill, 2023 was passed by the National Assembly on April 14 and received approval from the Senate on May 5. President Alvi subsequently signed the bill into law, allowing for the implementation of this transformative legislation.
Enhanced Scope of Review Petitions
The Supreme Court Review Act 2023 marks a departure from the previous practice where the bench that issued the original judgment also heard the review petition. Under the new law, a review petition must be heard by a bench larger than the one that passed the original judgment. Additionally, the review petitioner now has the right to choose any advocate from the Supreme Court to represent them in the review petition. This provision ensures a fair and impartial review process.
Extension of Rights and Benefits
The Supreme Court Review Act 2023 expands the right to file a review petition beyond the individuals directly involved in the case. Politicians such as former prime minister Nawaz Sharif and Jahangir Khan Tareen, previously disqualified for life under Article 62(1)(f) of the Constitution, can now file review petitions. This provision offers them the opportunity to challenge their disqualifications and seek reconsideration of their cases.
Promoting Fundamental Rights to Justice
The statement of objects and reasons of the act highlights the need to safeguard fundamental rights by enabling a meaningful review of judgments and orders passed by the Supreme Court in its exercise of original jurisdiction under Article 184. This provision ensures that individuals can seek redress for any violation of their fundamental rights and promotes a fair and accessible justice system.
Implications and Controversies
While the Supreme Court Review Act 2023 has been hailed as a positive step toward enhancing the review process, it has also raised some debates and controversies. Federal Minister for Law Azam Nazeer Tarar clarified that the act is not person-specific and will not specifically benefit Nawaz Sharif.
He pointed out that another bill, the Supreme Court (Practice and Procedure) Bill, which could impact Sharif, has been suspended by the apex court. These controversies highlight the ongoing discussions and interpretations surrounding the new legislation.
Conclusion
The enactment of the Supreme Court Review Act 2023 signifies a significant milestone in Pakistan’s legal system. By enlarging the scope of review petitions and ensuring fundamental rights to justice, this legislation strengthens the avenues for seeking redress and promotes a more robust and fair judicial process. The implementation of this act will shape the future of review petitions in the Supreme Court, fostering transparency, accountability, and access to justice for all individuals.