ISLAMABAD, May 9: A day after the apex court released the detailed judgment in the contempt case against Prime Minister Yousuf Raza Gilani, the Muttahida Qaumi Movement submitted a bill to the secretariats of the two houses of parliament, proposing powers of second review for the Supreme Court in cases where manifest miscarriage of justice may have taken place.

The bill titled “Curative Review Jurisdiction (of the Supreme Court) Bill 2012” seeks explicit powers for the apex court in rarest and exceptional circumstances to extend a second review in both criminal and civil matters decided earlier by directly entertaining an application.

The bill was submitted on Wednesday to the Senate Secretariat by Senators Col (retd) Tahir Hussain Mashhadi, Nasreen Jalil and Farogh Naseem and to the National Assembly Secretariat by MNAs Iqbal Qadri, Iqbal Mohammad Ali Khan and Dr Abdul Qadir Khanzada.

Talking to Dawn Col (retd) Mashhadi said that though the Supreme Court had extended second review to its judgments in the past, there were no explicit instructions in the law for it.

“We want them to do it under an act of the parliament in cases where new evidence emerges.”

The MQM submitted another bill titled “Review of Innocence Claims Act 2012”, aimed at establishing an extraordinary procedure to investigate and determine credible claims of
factual innocence by a person awarded death penalty or life imprisonment.

The bill provides for creation of a special commission comprising a senior judge of the Supreme Court, three retired judges of the superior courts, two senior lawyers practising on the 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 the chief justice. 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 chief justice, who shall in turn refer it to a bench of the SC comprising at least five judges.

The proposed commission would establish the criteria and screening process to be used to determine which cases shall be accepted for review.