ISLAMABAD, Aug 11 (APP): A three member bench of the apex court on Friday unanimously declared the Supreme Court Review of Judgments and Orders Act 2023 as null and void.
The court issued a written order of 87 pages in the case and said that the Parliament has no powers for legislation against the constitution. The bench issued a detailed decision containing 51 pages while Justice Munib Akhtar wrote an additional note containing 30 pages.
The judgment said that the power to invalidate any law should be exercised with utmost care and a law should not be declared invalid when its provisions have compatibility with the Constitution.
It stated that the said act was clearly contradicting the Constitution of Pakistan and it was not possible to declare this law as compatible with the Constitution. We have taken an oath to protect and defend the Constitution, it said, adding that the courts are empowered to establish the rule of the Constitution.
The verdict said that this judicial power had to be exercised with great care to determine whether the law is according to the Constitution or not? The legislation for Supreme Court Reviews of Judgments and Orders Act is beyond the power of Parliament.
The court said that there was no ambiguity in the Supreme Court decisions on the scope of revision, adding that Article 188 and the implementation of judicial decisions on it was binding on all. It said the Parliament knows that appeal and revision are two different things.
It has been said in the judgment that every effort was made to see the act as compatible with the Constitution but it still finds the act as contradicting with the Constitution. The Supreme Court Review of judgments and orders Act has no legal status, the verdict said, adding that Parliament cannot introduce the legislate related to the jurisdiction of the Supreme Court. It is settled a principle that simple law cannot alter or make addition to the Constitution. The change in Supreme Court Rules is against the independence of the Judiciary.
The three-member bench of the Supreme Court had reserved the decision on June 19, after hearing arguments from all respondents in length.
