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Wednesday May 08, 2024

Amid opposition’s protest: Senate passes bill giving right to appeal in suo motu rulings

Senate passed Supreme Court Review of Judgments and Orders Bill 2023 amidst a noisy protest by the opposition members

By Mumtaz Alvi
May 06, 2023
Senate passes bill giving right to appeal in suo motu rulings. The News/File
Senate passes bill giving right to appeal in suo motu rulings. The News/File

ISLAMABAD: The Senate Friday passed the Supreme Court Review of Judgments and Orders Bill 2023 amidst a noisy protest by the opposition members, who tore up the agenda and the bill copies and threw those in the air.

Unlike the previous one, requisitioned by the government, it was a regular session, summoned by the president, which lasted for a few hours and was marred by exchange of hot words between the treasury and the opposition members, forcing the Senate security staff to move in to avert any unpleasant scene.

The bill, already adopted by the National Assembly, made its way to the House through supplementary agenda, and was moved by Pakistan Muslim League Nawaz (PMLN) Senator Irfan Siddiqui. While a total of 53 members were present, the House allowed its immediate consideration by a majority vote of 32-21, which was duly passed afterwards.

The draft legislation aims at “facilitating and strengthening the Supreme Court” in exercise of its powers to review its judgments and orders. But the opposition had an entirely different viewpoint, alleging it was being done to get reversed disqualification of former premier Nawaz Sharif. It all started when the announcement of supplementary agenda was made and Pakistan Tehreek-e-Insaf (PTI) senators chanted loud slogans against what they called the “imported government”. They gathered around the Senate chairman’s podium and demanded that the bill must be sent to relevant standing committee.

However, they only returned to their seats after the announcement of voting on motion seeking suspension of rules to take supplementary agenda. Leader of the House Finance Minister Ishaq Dar urged the chair to take the House sense, and through voice vote, the motion was carried to move the bill and consider it at once. “This bill is nonsense,” remarked Leader of Opposition Dr Shahzad Waseem in response to Dar.

Law Minister Azam Nazeer Tarar rose to explain the bill and referred to Article 188 of the Constitution and said that it empowered the Supreme Court subject to the provision of any Act of Majlis-e-Shoora and any rules made by the Supreme Court, to review any judgment pronounced or any order made by it.

He insisted the latest legislation was procedural in nature, rejecting the opposition’s charges and that the legislation was in no way disrespected the judiciary. The minister also explained that the bill encompassed four sections, which were in line with Article 188 of the Constitution. Senator Tarar maintained, “The Parliament has neither encroached even a single inch or it will step back an inch.”

He then challenged the government and asked was the parliament not supreme when (the then deputy speaker NA) Qasim Suri’s ruling was thrown out. He claimed that Pakistan was functioning without any form of government today. He also posed another question as to how the budget could be passed when there are no functioning governments in Khyber-Pakhtunkhwa and Punjab.

The government, he emphasised, must show due respect to the judiciary, saying, “You will have to accept and implement the Supreme Court order on elections no matter what”.

The bill provides that a review petitioner shall have the right to appoint any advocate of the Supreme Court of their choice for the review petition. The bill says that the right to file a review petition would be extended to any aggrieved party against whom an order under Article 184(3) was given prior to its commencement, provided that the review plea was filed within 60 days of the bill’s passing.

The bill also sets the limitation of filing a review petition within 60 days of the original order’s passing. “The provisions of this Act shall have effect notwithstanding anything contained in any other law, rules or regulations for the time being in force or judgement of any court including the Supreme Court and a high court,” the bill reads.

After the bill was passed, PTI Senator Ejaz Chaudhry was given the floor, who straight away demanded that the allegations made by Shahid Khaqan Abbasi regarding over Rs20 billion corruption in the free flour scheme should be investigated.

He alleged that Foreign Minister Bilawal Bhutto Zardari had become a tourism minister now, who had now gone to Goa beach.