| Case ID |
f7b70b97-8b96-4fcb-ac34-46ee8c9ca8e9 |
| Body |
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| Case Number |
Civil Review Petition No. 296 of 2020 |
| Decision Date |
Feb 22, 2021 |
| Hearing Date |
|
| Decision |
The Supreme Court addressed multiple civil review petitions regarding the review jurisdiction, emphasizing that review can only be invoked concerning unanimous or majority judgments. The judgment clarified that minority opinions do not qualify for review under the Supreme Court Rules, specifically under Order XXVI, Rule 1. The Court reiterated that the composition of the review bench is within the prerogative of the Chief Justice, who may ensure that the review bench comprises the same strength as the original bench. The decision also highlighted the importance of ensuring the availability of the author judge when constituting the review bench. |
| Summary |
This case revolves around the review jurisdiction of the Supreme Court of Pakistan, focusing on the interpretation of the Supreme Court Rules, 1980, and the Constitution of Pakistan. The Supreme Court explored the parameters within which review petitions can be filed, particularly emphasizing the distinction between majority and minority judgments. It was established that review petitions can only pertain to unanimous or majority judgments, as minority judgments lack enforceability and do not meet the criteria for review. The ruling also reiterated the Chief Justice's authority in determining the composition of the review bench, ensuring that it reflects the original bench's numerical strength. This case is significant for legal practitioners and scholars interested in the procedural aspects of judicial reviews in Pakistan, highlighting the importance of clarity in the application of law and adherence to constitutional provisions. Keywords: Supreme Court Rules, review jurisdiction, minority opinion, majority judgment, Pakistan legal system. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Supreme Court of Pakistan,
The President of Pakistan
|
| Judges |
UMAR ATA BANDIAL, JUSTICE,
MANZOOR AHMAD MALIK, JUSTICE,
MAZHAR ALAM KHAN MIANKHEL, JUSTICE,
SAJJAD ALI SHAH, JUSTICE,
MUNIB AKHTAR, JUSTICE,
QAZI MUHAMMAD AMIN AHMED, JUSTICE,
QAZI FAEZ ISA, JUSTICE
|
| Lawyers |
Kassim Mirjat,
Munir A. Malik,
Rasheed A. Rizvi,
Hamid Khan,
Syed Rifaqat Hussain Shah,
Ms. Shireen Imran
|
| Petitioners |
Syed Rifaqat Hussain Shah,
Kassim Mirjat,
Munir A. Malik,
Rasheed A. Rizvi,
Hamid Khan,
Ms. Shireen Imran,
Mrs. Sarina Faez Isa
|
| Respondents |
Others,
THE PRESIDENT OF PAKISTAN
|
| Citations |
2021 SLD 1706,
2021 PLD 639
|
| Other Citations |
Lt. Col. Nawabzada Muhammad Amir Khan v. The Controller of Estate Duty PLD 1962 SC 335,
Abdul Ghaffar-Abdul Rehman v. Asghar Ali PLD 1998 SC 363,
Federation of Pakistan v. Mian Muhammad Nawaz Sharif PLD 2009 SC 284,
Zulfiqar Ali Bhutto v. The State PLD 1979 SC 741,
Shahzada Aslam v. Ch Muhammad Akram PLD 2017 SC 142,
Akhter Umar Hayat Lalayka v. Mushtaq Ahmed Sukhaira 2018 SCMR 1218
|
| Laws Involved |
Supreme Court Rules, 1980,
Constitution of Pakistan
|
| Sections |
O.X, R.2,
O. XXVI, Rr. 1 8,
Art. 188,
Art. 184,
Art. 185
|