Thursday, 10 May 2012 17:40
ISLAMABAD: Muttahida Qaumi Movement (MQM) has submitted two bills in National Assembly regarding "Curative Review Jurisdiction (of the Supreme Court) Act 2012 and "Review of Innocence Claims Act 2012."
The first bill - Curative Review Jurisdiction (of the Supreme Court) Act 2012 - empowers the Supreme Court of Pakistan to extend a second review in certain cases.
This jurisdiction could only be exercised in rare and exceptional circumstances, MQM announced here on Thursday.
The second bill is "Review of Innocence Claims Act 2012" which enables creation of a Special Commission to be manned by a senior Judge of Supreme Court, three retired Judges of High Court/Supreme Court, two senior lawyers practicing on criminal side, an expert in criminal prosecution and Attorney General or Additional Attorney General.
Except for the ex-officio members, all other members are to be appointed by Chief Justice of Pakistan (CJP). Wherever a manifest miscarriage of justice has occasioned an application could be made to the Commission, which is then empowered to refer the matter to the CJP, who shall in turn refers it to a Bench of SC comprising at least five judges.
Again this procedure shall facilitate a second Review by the Supreme Court.
The difference between two bills is that under the first bill both civil and criminal matters are eligible for a second review by the Supreme Court which may entertain the application directly, whereas the second bill is restricted to only criminal matters and requires the processing of the case through a commission before the Supreme Court, could entertain the second Review.
These two Bills are in keeping with the development of jurisprudence worldwide, which permits for a second Review by the Apex Court if a manifest miscarriage of justice comes to surface.
Copyright APP (Associated Press of Pakistan), 2012