ISLAMABAD: In a unanimous verdict on Friday, the apex court ruled that the Supreme Court (Review of Judgments and Orders) Act 2023 was “unconstitutional”, dampening the hopes of ex-PM Nawaz Sharif and Jahangir Tareen who were seeking to challenge their lifetime disqualifications.
Both Nawaz and Tareen were disqualified under Article 62 of the Constitution by the SC. Had the verdict today been in favour of the petitions, both leaders would have gotten an opportunity to challenge their disqualifications, keeping in view their political ambitions amid the upcoming general elections in the country following the completion of the tenure of the National Assembly.
A three-member bench of the apex court headed by Chief Justice Umar Ata Bandial and comprising Justice Ijazul Ahsan and Justice Munib Akhtar had heard multiple petitions challenging the law, enacted in late May.
Ghulam Mohiuddin, Zaman Khan Vardak, the Jurists Foundation, through its CEO Riaz Hanif Rahi, and the Pakistan Tehreek-e-Insaf (PTI) had challenged the vires of the act.
Attorney General for Pakistan (AGP) Mansoor Usman Awan had asked the court — during earlier hearings of the case — to dismiss the pleas, explaining that it broadens the court’s jurisdiction and does not curb its powers.
However, PTI lawyer Ali Zafar, on behalf of the party’s Secretary General Omar Ayub, had maintained that a change in the apex’s powers could not be made through legislation alone and required a constitutional amendment.
On June 19 after six hearings — from June 7 to June 19 — the bench reserved its verdict.
The CJP today read out the decision in the presence of the AGP, petitioners, and a large number of lawyers.
“The Supreme Court Review Act is against the Constitution,” CJP Bandial said, adding that the verdict was passed unanimously
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