| Case ID |
2c175682-62a4-4135-8abe-2b3707a33e8a |
| Body |
View case body. Login to View |
| Case Number |
Civil Review Petition No. 13 of 2001 |
| Decision Date |
May 30, 2007 |
| Hearing Date |
|
| Decision |
The review petition was accepted, and the order dated 15-6-2001 was set aside to the extent of Civil Miscellaneous Petition No.46 of 2001. The Supreme Court ordered that the file regarding the delegation of powers of the government to the Law Minister shall be summoned. The Court emphasized that it is the moral and legal duty of the Court to ensure complete justice is done to every person and to rectify any errors in previous decisions. |
| Summary |
In the case of Civil Review Petition No. 13 of 2001, the Supreme Court of Azad Jammu and Kashmir addressed significant issues concerning the administration of justice and the review of earlier court decisions. The case revolved around the review petition filed by Mujahid Hussain Naqvi against the rejection of an application to summon records about the delegation of powers to the Law Minister. The Chief Justice highlighted the importance of rectifying errors in legal proceedings, asserting that justice should not be obstructed by technicalities. The decision reinforced the principle that the courts are obligated to ensure justice is served, even if it means reviewing past judgments. The ruling reiterated that the purpose of legal rules and procedures is to facilitate justice rather than hinder it. This case is significant for legal practitioners and scholars interested in the evolving nature of judicial review and the commitment of courts to uphold justice in accordance with constitutional mandates. |
| Court |
Supreme Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD REAZ AKHTAR CHAUDHRY, CHIEF JUSTICE,
KHAWAJA SHAHAD AHMED, JUSTICE,
MUJAHID HUSSAIN NAQVI
|
| Lawyers |
Asghar Ali Malik
|
| Petitioners |
MUJAHID HUSSAIN NAQVI
|
| Respondents |
others,
AZAD GOVERNMENT
|
| Citations |
2007 SLD 4099,
2007 PLD 92
|
| Other Citations |
Khuda Dad v. Ahmad Khan 1988 CLC 25,
Mir Mazar v. Azim PLD 1993 SC 332,
Haji Muhammad Islam v. Muhammad Rafiq and 2 others 1991 CLC 84,
Ch. Zahur Ilahi v. The State PLD 1977 SC 273,
Zulfiqar Ali Bhutto v. The State PLD 1979 SC 741,
Lt.-Col. Nawabzada Muhammad Ameer Khan v. The Controller of Estate Duty Government of Pakistan PLD 1962 SC 335,
Muhammad Yousaf Sani v. Azad Government and 4 others 1996 SCR 370,
Allah Ditta and others v. Mehrban and others 1992 SCR 145,
Zafar Iqbal v. Allotment Committee of Municipal Committee Mirpur and others 1994 SCR 157,
Ch. Ajaib Hussain and another v. Mst. Zareen Akhtar and 11 others 2003 YLR 410,
Muhammad Ayub Khan and others v. Chairman Inspection team and others PLD 1982 SC(AJ&K) 27
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Azad Jammu and Kashmir Supreme Court Rules, 1978,
Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)
|
| Sections |
114,
O.XLVII, R.1,
O.XLVI, R.1,
S.42-A(1)
|