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‘Why is Shehbaz happy if the judgment is against Nawaz’ asks Asad Umar

Optimum Tech

•
Oct 12

The Supreme Court (SC) has on Wednesday evening issued a verdict in favour of the SC (Practice and Procedure) Act, 2023, dismissing petitions challenging its validity.

The decision was upheld by 10-5 majority. However, by an 8-7 decision, the majority of judges decided against the provision of law wherein retrospective right of appeal was given in the Act.

Key Provisions of Act

The act makes a number of significant changes to the way the Supreme Court operates. These include:

  • Requiring a three-member committee of senior judges, including the CJP, to approve all suo moto notices.
  • Establishing a transparent process for the formation of benches for hearing crucial constitutional issues.
  • Giving parties the right to appeal to the Supreme Court within 30 days of a final order from a lower court.
  • Requiring the apex court to hear applications alleging urgency or requesting interim relief within 14 days of filing.

Reaction to the decision

Former Prime Minister and President of _ (PML-N) Shehbaz Sharif welcomed the decision.

“The Supreme Court’s verdict regarding the Practice and Procedure Act 2023 is a welcome step,” he wrote on X (formerly Twitter)

Interestingly, when Asad Umar, PTI’s former secretary general, was asked about the judgment, he stated that it was the right decision but was intrigued to know if Nawaz Sharif would come back after the decision or not.

“My question is, everyone is saying this is not a good judgment for Nawaz Sharif, why is Shehbaz Sharif liking this decision so much? I’m just asking an innocent question,” he said while talking to the media on Thursday morning.

The verdict has caused a rift in the legal world. The decision, which involves Article 184(3), has led to intense discussions about what it means for the PML-N leader, Nawaz Sharif.

As per Dawn, lawyer Mohammad Ikram Chaudhry explained that in cases where no review has been filed, it’s possible to request a “condonation of delay,” which means the court might accept an appeal or application even if it’s late.

Mohammad Akram Sheikh noted that according to the law, a review must be requested within 30 days of the judgment. He mentioned that in some cases, the highest court has allowed for delays but stressed that the applicant would need to provide a valid reason for the delay.

Senior lawyer Raja Inam Ameen Minhas mentioned that the Supreme Court Bar Association has an ongoing review petition against the disqualification of politicians. He argued that since the matter of disqualification is still under consideration, it’s “still appealable.”

Barrister Zafarullah Khan, the former special assistant on law to the ex-PM, pointed out that the Supreme Court’s decision wouldn’t affect Mr. Sharif’s cases because he wasn’t seeking relief from the highest court. Instead, he intends to pursue his appeals against convictions, which would eventually reach the Supreme Court.

Some lawyers believe that the decision is a setback for Nawaz Sharif, who recently planned to return to Lahore after spending four years in London.

The decision declared Section 5(2) of an act as ultra vires, meaning that the lifetime disqualification in the Panama case remains in effect.

Lawyer Abdul Moiz Jafferi questioned who really won in this matter.

Lawyer Usama Khawar Ghumman argues that Nawaz Sharif and Jehangir Tareen can still contest elections.

“Despite Supreme Court’s decision to strike down retrospective rights of appeal, Nawaz Sharif & Jehangir Tareen can, in the short run, contest elections due to the PDM-led Parliament’s amendment to Section 232 of the Election Act, 2017,” he wrote on X (formerly Twitter).

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