Law Ministry files review petition against nullification of SC Review of Judgments Act

ISLAMABAD (92 News) - The Law Ministry on Saturday filed a review petition against nullification of the Supreme Court (Review of Judgments and Orders) Act, 2023.

In the review petition, the Law Ministry has sought a deadline of 15 days for submitting extra documents in the case.

On August 11, the Supreme Court had nullified the Review of Judgments and Orders) Act, 2023. The verdict was announced unanimously by Chief Justice Umar Ata Bandial, Justice Ejazul Ahsan and Justice Muneeb Akhtar. The verdict ruled that Review of Judgments and Orders Act 2023 was created by transgressing the powers and the act is in clash with the constitution.

"The Act has no legal status. The meaning of increasing the scope of the review to the appeal is an amendment to the constitution. An amendment to the constitution is not possible through common legislation. A flood of review petitions will come if the law continues. A review petition of the final verdict cannot be filed after the stipulated period," it ruled.

In his additional note, Justice Muneeb Akhtar had observed a review petition cannot be filed. "The Article 2 of the Review and Judgments Act is not in consonance with the Article 185. Can a direction to consider the review as an appeal be given from the parliament? It is principle that a decided matter cannot be discussed in the court again," he observed.

On June 19, a three-member bench of the Supreme Court headed by Chief Justice Umar Ata Bandial had reserved the verdict. Under the Article 184 of the Review of Judgments and Orders Act 2023, the affected party was given the right to appeal against the verdicts of the cases. The larger bench was empowered to hear the review petitions pertaining to the public welfare cases.

The federal government had objected to the bench by presenting the Review of Judgments Act in the Punjab elections case.