SC decision challenged by Ministry of Law

SC decision challenged by Ministry of Law

The Supreme Court has referred the review of the Judgment and Orders Act tochallenge its nullification. There has been significant progress in thematter of nullifying the Judgment and Orders Act before the Supreme Court,with the Ministry of Law and other parties filing review petitions in theapex court against the decision.

The request seeks a review of the decision made on August 11 by the SupremeCourt. In the request, an extension of 15 days has been requested for thesubmission of additional documents, which the Supreme Court Registrar’soffice has granted. It should be noted that the Supreme Court had declaredthe Judgment and Orders Act null and void. The Supreme Court also issued awritten judgment for the nullification, which was 87 pages long.

Chief Justice of Pakistan Justice Umar Ata Bandial and JusticeAijaz-ul-Hasan authored a 51-page detailed judgment, and Justice ManzoorAkhtar included an additional note of 34 pages. In the detailed judgment,the Supreme Court stated that the Supreme Court Review Act is in conflictwith the Constitution, and the Act exceeds the legislative authority of theParliament.

The Supreme Court Review Act has no legal standing, as it is declared nulland void. The judgment specifies that the central part of the Act is inconflict with the Constitution, and all the subsidiary parts of the Act arederived from the central part. If the central part is declared null andvoid, the subsidiary parts cannot stand. Parliament cannot legislate onmatters within the jurisdiction of the Supreme Court, as it is awell-established principle that simple legislation cannot alter or amendthe Constitution.