Hopes for former prime ministers Nawaz Sharif, Yousuf Raza Gilani, and Jahangir Tareen are raised as the Supreme Court has turned down the pleas against the Supreme Court (Practice and Procedure) Act 2023 with a 10-5 majority.
Reading the verdict, CJP Isa said, “a majority of 10-5 (Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Mazahar Ali Akbar Naqvi, Justice Ayesha A. Malik and Justice Shahid Waheed dissenting), the SC Practice and Procedure Act 2023 is sustained as being in accordance with the Constitution of the Islamic Republic of Pakistan and to this extent, the petitions are dismissed”.
The chief justice further said, “By a majority of 9-6 (Justice Ahsan, Justice Akhtar, Justice Afridi, Justice Naqvi, Justice Ayesha and Justice Waheed dissenting) sub-section 1 of Section 5 of the Act (granting a right of appeal prospectively) is declared to be in accordance with the Constitution and to this extent, the petitions are dismissed.”
“By a majority of 8-7 (CJP Isa, Justice Sardar Tariq Masood, Justice Syed Mansoor Ali Shah, Justice Amin-ud-Din Khan, Justice Jamal Khan Mandokhail, Justice Athar Minallah and Justice Musarrat Hilali dissenting) sub-section (2) of Section 5 of the Act (granting a right of appeal retrospectively) is declared to be ultra vires the Constitution and to this extent the petitions are allowed,” the verdict added.
Former premiers Nawaz Sharif and Yousuf Raza Gilani who were disqualified on the proceedings initiated by the former CJPs now can now file the review, according to legal experts. IPP Patron-in Chief, Jahangir Tareen and others who were convicted in suo motu cases during the tenures of former CJPs Iftikhar Chaudhry and Mian Saqib Nisar, are also expected to file reveiws as the act will now become a law after SC’s verdict.
The doors of justice for these politicans its seems have been opened side, while the ordinary citizens continue to remain at the end of this que.
