Return of Nawaz, Tareen to electoral politics: Supreme Court to announce key ruling today

ISLAMABAD: The fate of Pakistan Muslim League supremo Nawaz Sharif and former Pakistan Tehreek-e-Insaf (PTI) secretary general Jehangir Tareen with regard to electoral politics will be decided today (Friday) as the Supreme Court will announce its judgment under the Supreme Court (Review of Judgements and Orders) Act 2023, which expands the scope of a review petition.

A three-member bench of the apex court, headed by Chief Justice Umar Ata Bandial and comprising Justice Ijazul Ahsen and Justice Munib Akhtar, will announce the judgment at 11am. The judgment was reserved on June 19, 2023.

The PTI, Ghulam Mohiuddin, Zaman Khan Vardak and Jurists Foundation had challenged the vires of Supreme Court (Review of Judgments and Orders) 2023.

On May 8, the Supreme Court Review of Judgments and Orders Bill was approved by the National Assembly and Senate and sent to President Arif Alvi to be formally passed into a law.

Article 188 of the Constitution empowers the Supreme Court, subject to the provision of any Act of Majlis-e-Shoora (Parliament) and any rules made by the Supreme Court, to review any judgment pronounced or any order made by it.

The law provides the right to file a review petition to an aggrieved person against whom an order has been made under clause (3) of the Article 184 of the Constitution, prior to this legislation. Similarly, the law also states for reviewing a suo motu judgment, a bigger bench than the one that issued the order, will hear the case.

According to the law, a petition needs to be filed by the person within 60 days of commencement of this legislation. The law provides the right of an appeal against conviction by the Supreme Court under its original jurisdiction under Article 184(3) of the Constitution.

After the enactment of law, it was believed in legal circles that it was possible to create an opportunity for former prime minister Mian Nawaz Sharif to challenge his disqualification.

Nawaz Sharif was disqualified in 2017 by a five-member bench of the apex court from the membership of parliament under Article 62(1)(f) of the Constitution, for concealing in his nomination papers the receivable income from his son’s company in the UAE.

The former premier, however, couldn’t file an appeal as there was no law to challenge the judgment of the top judiciary.

Similarly, the apex court on December 15, 2017 also disqualified Jehangir Tareen. The court had found Tareen to be dishonest under Article 62(1)(f) of the Constitution and Section 99 of Representation of People Act (ROPA) on one count among the multiple charges brought against him.