SC decision challenged by Ministry of Law
Shares
The Supreme Court has referred the review of the Judgment and Orders Act to challenge its nullification. There has been significant progress in the matter of nullifying the Judgment and Orders Act before the Supreme Court, with the Ministry of Law and other parties filing review petitions in the apex court against the decision.
The request seeks a review of the decision made on August 11 by the Supreme Court. In the request, an extension of 15 days has been requested for the submission of additional documents, which the Supreme Court Registrar's office has granted. It should be noted that the Supreme Court had declared the Judgment and Orders Act null and void. The Supreme Court also issued a written judgment for the nullification, which was 87 pages long.
Chief Justice of Pakistan Justice Umar Ata Bandial and Justice Aijaz-ul-Hasan authored a 51-page detailed judgment, and Justice Manzoor Akhtar included an additional note of 34 pages. In the detailed judgment, the Supreme Court stated that the Supreme Court Review Act is in conflict with the Constitution, and the Act exceeds the legislative authority of the Parliament.
The Supreme Court Review Act has no legal standing, as it is declared null and void. The judgment specifies that the central part of the Act is in conflict with the Constitution, and all the subsidiary parts of the Act are derived from the central part. If the central part is declared null and void, the subsidiary parts cannot stand. Parliament cannot legislate on matters within the jurisdiction of the Supreme Court, as it is a well-established principle that simple legislation cannot alter or amend the Constitution.
