What was Supreme Court Review of Judgments and Order Act?

The Supreme Court (Review of Judgments and Orders) Bill 2023 was passed by the National Assembly and Senate in April this year and is aimed at giving the right of appeal under Article 184 of the constitution – a right that was not available in the past.

According to the statement of the objects and reasons of the bill, it is necessary to ensure fundamental rights to justice by providing for meaningful review of judgments and orders passed by the Supreme Court in exercise of its original jurisdiction under Article 184.

The bill stated that in case of judgment and orders of the supreme court in exercise of its original jurisdiction under Article 184 of the Constitution, the scope of review on both facts and law, shall be the same as an appeal under Article 185 of the Constitution.

It proposed that a review petition shall be heard by a bench larger than the bench which passed the original judgment in order. It suggests that the review petitioner shall have the right to appoint any advocate of the supreme court of his choice for the review petition.

The bill stated that the right to file a review petition shall also be available to an aggrieved person against whom an order has been made under clause (3) of the Article 184 of the Constitution, prior to the recommendation of this legislation. It suggests the petition shall be filed within sixty days of the commencement of this legislative piece.

It asked that a review petition may be filed within sixty days of the passing of the original orders. It stated that this legislation shall have effect notwithstanding anything contained in any other law, rules or regulations for the time being in force of the judgment of any court including the Supreme Court and a high court.

It should be noted that today the Supreme Court has declared the Supreme Court Review of Orders and Judgments Act null and void.

The Supreme Court has given its verdict on the petitions related to the Rev and Judgments Act case, and a three-member bench headed by Chief Justice of Pakistan Umar Atta Bandial has given its verdict.

Along with the Chief Justice, the bench included Justice Ijaz-ul-Ahsan and Justice Muneeb Akhtar. The Supreme Court declared the Review and Judgment Act null and void and declared it inconsistent with the Constitution of Pakistan.

The Supreme Court in its judgment said that the Parliament had exceeded its scope, the Review of Orders and Judgments Act was made in excess of authority, and Parliament does not have the power to enact such legislation.