| Case ID |
2b1d9d93-d731-41a6-a0b8-1f583eb54b04 |
| Body |
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| Case Number |
Civil Review Petition No.36 of 1995 in Civil Appea |
| Decision Date |
Jun 26, 1998 |
| Hearing Date |
Mar 10, 1998 |
| Decision |
The Supreme Court dismissed the petition for review of the earlier judgment dated June 4, 1995, stating that the issues raised had already been exhaustively discussed and rejected. The Court emphasized that in the absence of any ambiguity in the original judgment, the same grievances could not be re-agitated merely based on the possibility of a different view. The appointment qualifications for the Income Tax Appellate Tribunal were reaffirmed, underscoring that inherent disqualifications cannot be remedied by subsequent developments. The Court reiterated that the qualifications for appointment as a Judge of the High Court necessitate ten years of active practice, rather than mere enrollment. The dismissal of the review petition was based on the determination that all relevant arguments had been adequately addressed in the initial judgment. |
| Summary |
This case revolves around the Supreme Court of Pakistan's decision regarding the review petition filed by FARHAT ALI KHAN against the judgment that dismissed his appeal for the position of Judicial Member of the Income Tax Appellate Tribunal. The Court held that the qualifications for such appointments are strictly regulated by law, particularly under Article 193 of the Constitution of Pakistan, which requires ten years of active practice as an Advocate of a High Court. The ruling emphasized that the review process is not an avenue for re-examining previously decided issues unless new ambiguities arise. The Court reaffirmed its previous decision, establishing the legal precedent that only substantive qualifications are valid for such appointments. This case is significant in clarifying the stringent requirements for judicial appointments in Pakistan, ensuring that only qualified individuals can hold such positions, thereby upholding the integrity of the judicial system. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
NASIR ASLAM ZAHID,
MUNAWAR AHMAD MIRZA,
ABDUR REHMAN KHAN
|
| Lawyers |
Maulvi Anwarul Haq
|
| Petitioners |
FARHAT ALI KHAN
|
| Respondents |
Ch. MUHAMMAD SIDDIQUE
|
| Citations |
1998 SLD 857,
1998 SCMR 2190
|
| Other Citations |
PLD 1996 SC 325,
PLD 1977 Quetta 45,
C.P. 248-Q of 1977,
AIR 1954 All 227,
AIR 1975 Delhi 66,
PLD 1986 Lahore 310,
PLD 1991 Lahore 78,
PLD 1970 SC 98,
PLD 1979 SC 741
|
| Laws Involved |
Constitution of Pakistan (1973),
Income Tax Ordinance (XXXI of 1979)
|
| Sections |
188,
193,
133
|