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Sunday May 05, 2024

Review of Judgments and Orders: Law ministry files review petition against SC verdict

Ministry of Law filed review petition in SC under Article 188 of Constitution read with Order XXVI, Rule 1 of SC Rules, 1980

By Sohail Khan
September 10, 2023
Front facade of the Supreme Court building in Islamabad. — AFP/File
Front facade of the Supreme Court building in Islamabad. — AFP/File

ISLAMABAD: The federal government on Saturday filed a review petition against a judgment passed by the Supreme Court declaring unconstitutional the Supreme Court (Review of Judgments and Orders) Act 2023.

The Federation of Pakistan through the Secretary Law and Justice Division, Ministry of Law and Justice, filed the review petition in the apex court under Article 188 of the Constitution read with Order XXVI, Rule 1 of the Supreme Court Rules, 1980. On August 11, a three-member bench of the apex court, headed by Chief Justice of Pakistan Umer Ata Bandial and comprising Justice Ijazul Ahsen and Justice Munib Akhtar, had announced a unanimous verdict in identical petitions challenging the vires of Supreme Court (Review of Judgments and Orders) Act 2023, which expands the scope of a review petition.

The court had declared unconstitutional the review of judgments law and held that parliament was not competent to legislate with respect to Article 188 of the Constitution in the manner that it has done by way of the 2023 Act.