Apex court adjourns hearing on ECP review petition against Punjab polls order indefinitely after suo motu review law ‘comes into effect’

ISLAMABAD, May 29 (SABAH): Chief Justice of Pakistan (CJP) Justice Umar Ata Bandial on Monday indefinitely adjourned the hearing of Election Commission of Pakistan’s petition asking the top court to revisit its April 4 order of holding polls to the Punjab Assembly on May 14 after Attorney General for Pakistan (AGP) Mansoor Usman Awan said a new law pertaining to review of judgments had come into effect.

The hearing — which was conducted by a three-member bench comprising the CJP Umar Ata Bandial, Justice Ijazul Ahsan and Justice Munib Akhtar — was put off shortly after it commenced.

During the hearing, the AGP raised objections to the bench, highlighting that the Supreme Court (Review of Judgments and Orders) Bill 2023 had become law after receiving President Dr. Arif Alvi’s assent on 26^th May.

He also submitted a notification, signed by the president, on the same in court. The notification says: “The Supreme Court (Review of Judgments and Orders) Bill, 2023 is assented to, as advised by the prime minister.”

Subsequently, CJP Bandial said the new law would be discussed during a hearing on Thursday (June 1) pertaining to the Supreme Court (Practice and Procedure) Bill 2023.

The law, passed by both the Senate and National Assembly earlier this month, states that it is necessary to ensure the fundamental right to justice by providing for a “meaningful review” of the apex court’s judgments and orders in the exercise of the Supreme Court’s original jurisdiction, as described in Article 184 of the Constitution.

At the outset of the hearing on Monday, AGP Mansoor Usman Awan came to the rostrum and said that he wanted to put some points before the bench.

He revealed that after the president’s assent, the Supreme Court (Review of Judgments and Orders) Bill 2023, had become law. “As per the new law, the scope of review and appeal is now the same.”

The AGP went on to say that the review could only be heard by a larger bench and raised objections to the three-judge panel hearing the case.

Here, Justice Akhtar remarked, “The ECP lawyer has a smile on his face after hearing about the Supreme Court (Review of Judgments and Orders) Bill 2023.”

Meanwhile, the CJP asked Awan if the government had abandoned the Supreme Court (Practice and Procedure) Bill 2023 — which aims to deprive the office of the chief justice of powers to take suo motu notice in an individual capacity — and whether it had become a law or not.

“The practice and procedure bill has been fixed for hearing on Thursday … let’s hear this case on Thursday too,” Justice Bandial said, highlighting that the jurisdiction of Article 184(3) needed to be reviewed to “some extent”.

“Our decisions regarding Article 184(3) also suggest some avenues,” he added.

Article 184(3) of the Constitution grants the SC powers to issue an order if it considers a question of public importance with reference to the enforcement of fundamental rights is involved.

The CJP also asked the AGP if the other party in the case had been informed about the review of judgments law to which Awan said that PTI lawyer Barrister Senator Syed Ali Zafar was on vacation. “We will hear this case in the presence of the other party,” Justice Bandial said.

He also stated that whatever happened shouldn’t be “in a surprise or hidden way”. “Play the role of a bridge,” the top judge told the AGP.

Justice Bandial noted that with the Supreme Court (Practice and Procedure) Bill 2023, the government had created a new judicial jurisdiction and tried to “interfere in the administrative affairs of the court”. “But we are happy that the current law is about Article 184(3).

“We understand that a new law has been passed … the PTI will also be made aware of it,” he added.

At one point during the hearing, the CJP also mentioned that the apex court would be resuming its hearing on a set of petitions moved to challenge the government-appointed judicial commission to probe audio leaks. “Take instructions from the government in this regard as well,” he told the AGP.

“You must have read our order on the audio leaks commission. Keep it in mind that the court didn’t nullify the commission,” Justice Bandial stated.

He went on to say that the court also had to protect the freedom of the judiciary. “Matters cannot be run on the basis of secret meetings,” the top judge said.

He also remarked that “it is a historical accident that there is only one chief justice”, adding that in all the previous instances a judicial commission was only formed with the assent of the CJP.

“A procedure needs to be followed when you want to investigate something,” Justice Bandial added. “I won’t form a commission which includes me, but investigations can be conducted by another judge.”

He observed, “This political temperature won’t make the economy or security [situation] any better.”

CJP Bandial said that the court has to protect the independence of the judiciary. The top judge remarked that things will not work when secret meetings take place. “It is a historical accident that there is only one chief justice,” he added.

The CJP said that the court had seen the notifications for the Memogate Commission, Abbottabad Commission and the commissions set up in the Shahzad Saleem murder case. He said that all the judicial commissions are constituted at the will of the chief justice.

“If you want to investigate something, it should be done through proper procedures. I will not form a commission consisting myself,” he added.

The top judge also gave the option of investigations through another judge, saying that “this political temperature will not improve livelihood and law and order”.