NA approves SC judgments’ review bill

ISLAMABAD: The National Assembly Friday approved the Supreme Court Review of Judgement Orders 2023 at a session, held on Friday.

Originally scheduled for April 26, Speaker Raja Pervez Ashraf had changed the NA session time and schedule to Friday at 4pm. Under this bill, appeals against the decisions of the Supreme Court (SC) can be filed within 60 days.

The Supreme Court Review of Judgement Orders, 2023, introduced by Shiza Fatima, aims to facilitate and strengthen the Supreme Court in reviewing its judgments and orders. According to the Statement of Objectives and Reasons, the bill aims to expand the jurisdiction of the Supreme Court as expressly provided under Article 188 of the Constitution of Pakistan. The bill states that it is necessary to ensure the fundamental right to justice by providing for meaningful review of judgments and orders passed by the Supreme Court. Clause 2 of the bill states that in cases of judgments and orders of the Supreme Court under Article 184, the scope of review on both facts and law shall be the same as an appeal under Article 185 of the Constitution. Clause 3 states that a review petition shall be heard by a bench larger than the one that passed the original judgment or order.

Clause 4 states that the review petitioner shall have the right to appoint any advocate of the Supreme Court of their choice for the review petition.

Clause 5 states that the right to file a review petition shall be available to an aggrieved person against whom an order has been made under clause (3) of Article 184 of the Constitution, before the commencement of this act.

According to statement of object and reasons of National Accountability Amendment Bill, 2023, owing to recent amendments, made in the National Accountability Ordinance, 1999 (XVIII of 1999), hereinafter called as the NAB Ordinance, through the National Accountability (Amendment) Act 2022 (XI of 2022) and the National Accountability (Second Amendment) Act’ 2022 (XVI of 2022), some legal complications have arisen for transfer of those cases’ from the accountability courts to other courts, tribunals and forums which did not fall within the domain or jurisdiction of the NAB Ordinance.

On initiative of the Prosecutor General (Accountability) and after having input of relevant stakeholders, certain further amendments to the NAB Ordinance are required to be made urgently to provide legal cover to tie accountability courts for transfer of aforesaid cases. While the statement of objective and reasons of Code of Civil Procedure Amendment Bill, 2023 stated that ‘The Code of Civil Procedure (Amendment) Act, 2020 (Act No VI4) which was enacted on 21st February, 2020 and is applicable to the extent of Islamabad Capital territory, Islamabad and a number of reservations had been raised by members of the Islamabad Bar Association, Islamabad Bar Council and District Judiciary regarding implementation of the 2020 Act.

It stated that a consequential effect of amendments to the civil procedure is that the judges, lawyers and litigants are suffering as they are now required to litigate at two different courts. Each civil Judge is hearing a main suit filed before his court and simultaneously hearing injunction applications of other courts. This practice had exacerbated the backlog of pending cases. Parties are forced to travel between courts which are adding to their time and costs as well as their counsels. Deletion of right of revision under section its of the Code of Civil Procedure, 1908 had contributed to excessive litigation before high courts under its constitutional jurisdiction further adding to cost and misery of parties falling parties to unintended consequences. In essence, the 2020 Act had defeated the purpose of quick access to justice, inexpensive, speedy and fair trial.

Speaking in the National Assembly, Law Minister Azam Nazeer Tarar said the bill would facilitate litigants and strengthen the judiciary. Minister for Power Khurram Dastagir said the piece of legislation did not infringe upon the independence of the judiciary.

Defence Minister Khawaja Mohammad Asif said the government wanted to strengthen the hands of the judiciary so that people get speedy justice. He said parliament was the mother of democracies. He said that the remarks made by the army chief during an in-camera briefing on the security situation regarding the parliament’s authority as well as the office of the prime minister are welcoming.

The National Assembly also adopted a resolution demanding that the amount collected under the ‘Dam Fund’ be deposited with the national exchequer and used for rehabilitation of flood-affected people. The resolution was moved by Pakistan Muslim League Nawaz (PMLN) legislator Kesoo Mal Kheeal Das, stating that former chief justice Saqib Nisar had started collecting funds for construction of new dams and reservoirs against judicial traditions and the law and regulations. The resolution directed the federal government to carefully examine the breach of the Constitution and take steps as per the law for its rectification.