ISLAMABAD
\nThe apex court would welcome any remedy against Article 184(3) of the Constitution if it\u2019s done with caution, Chief Justice of Pakistan (CJP) Umar Ata Bandial remarked on Friday.
\nThe remarks came as a three-member SC bench heard a set of appeals challenging the Supreme Court (Review of Judgments and Orders) Act, 2023 and the Election Commission of Pakistan\u2019s (ECP) review against the verdict fixing May 14 as the date for holding the Punjab Assembly elections.
\nThe CJP had earlier stated that the apex court had no issue with the new law expanding the scope of review petitions under Article 184(3), but the problem lay in the way the law was enacted. He observed that the government could enact any law which provides an effective remedy in case of the apex court\u2019s decisions but the problem lies with the method and manner of enacting the law.
\nOn Friday, Attorney General for Pakistan (AGP) Mansoor Usman Awan presented his arguments. He gave the example of a 2002 judgement by the Indian Supreme Court regarding curative pleas, saying the Indian SC had said that ensuring justice is no less important than the finality of a decision. The verdict said that absolute justice is God\u2019s desire.
\nAt this, Justice Munib Akhtar said a review was still a review and was not granted the status of an appeal.
\nCJP Bandial then remarked that a \u201ccomplete test of justice\u201d lay before the SC, adding that the Indian law also stated the same. \u201cIn an appeal, a case is heard once again. We should solve this issue,\u201d he said.
\n\u201cWe welcome any remedy against Article 184(3) of the Constitution if it is done with caution. The question is on what basis a review should be allowed,\u201d he said.
\nAGP Awan, in his arguments, further said that from high courts to the top court, petitioners were given the opportunity to present their cases. \u201cThat is why the SC has limited the scope of review,\u201d he said.
\nHe said that under Article 184(3), the SC heard the case directly which is why the scope of review under the article had been expanded. He argued that because of this, petitioners would be able to \u201cfully convince the court\u201d.
\nThe article sets out the Supreme Court\u2019s (SC) original jurisdiction and enables it to assume jurisdiction in matters involving a question of \u201cpublic importance\u201d with reference to the \u201cenforcement of any of the fundamental rights\u201d of Pakistan\u2019s citizens.<\/p>\n","protected":false},"excerpt":{"rendered":"
ISLAMABAD The apex court would welcome any remedy against Article 184(3) of the Constitution if it\u2019s done with caution, Chief Justice of Pakistan (CJP) Umar Ata Bandial remarked on Friday. The remarks came as a three-member SC bench heard a set of appeals challenging the Supreme Court (Review of Judgments and Orders) Act, 2023 and […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[],"class_list":{"0":"post-338157","1":"post","2":"type-post","3":"status-publish","4":"format-standard","6":"category-top-news"},"yoast_head":"\n