ISLAMABAD, June 15 (Online): Chief Justice of Pakistan (CJP) Umar Hayat Bandial has remarked there is basic difference between review and appeal.
He further remarked how the scope of review should be increased. The petitioners are of view that the scope of review be increased. But it should not be changed into appeal. The petitioner’s problem relates to the process of extending the scope. If government has to make review like hearing again then do it. You will have to adopt right legal way in this connection. Review and appeal are two different powers.
The CJP gave these remarks while presiding over a 3 members bench of SC during the hearing of petitions pertaining to Supreme Court judgment and review order here Thursday.
During the hearing of the case Attorney General (AG) Mansoor Usman Awan argued original powers of article 184 (3) were enhanced for enforcement of the rights in 1973 constitution. First decision under article 184 (3) came in Manzoor Elahi case.
Brothers of Manzoor Elahi filed petitions in Sindh and Balochistan. Manzoor Elahi was taken to tribal areas after his arrest. I will tell after reading the decision how the jurisdiction of 174(3) kept on increasing in the last years.
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