Review and appeal are two different powers: CJP
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ISLAMABAD: Chief Justice of Pakistan (CJP) Umar Hayat Bandial has remarked there is basic difference between review and appeal.
He remarked how scope of review should be increased. Petitioners are of view that scope of review be increased. But it should not be changed into appeal. Petitioners’ problem relates to process of extending 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.
CJP gave these remarks while presiding over 3-member bench of SC during hearing of petitions pertaining to Supreme Court judgment and review order here.
During hearing of case Attorney General) Mansoor Usman Awan argued original powers of Article 184 (3) were enhanced for enforcement of 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 decision how jurisdiction of 174(3) kept on increasing in last years.
Published in The Daily National Courier, June, 16 2023
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