ISLAMABAD, Sep 21 (APP):The Supreme Court on Tuesday declared that no case could be subjected to a second review by the apex court under Pakistani law.
A three-member bench headed by Justice Umar Ata Bandial heard a review petition on the matter of a plot allotment.
During the hearing, Advocate Umar Aslam argued that the Supreme Court could allow a second, or even a third review of a case if required.
Justice Mansoor Ali Shah stated that there was no place for a curative review in Pakistani law.
He said that one would have to move the case to India for such a thing.
He said that a second review was never allowed in life imprisonment and death sentence cases. He asked were plot allotments more important than somebody’s life?
Justice Bandial explained that the apex court could set aside its own orders which could be a hurdle to human interest, otherwise there was no room for a second review under the Constitution.
The Supreme Court, in a matter of public interest, could consider its own judgment as null and void, however a second review was not a valid option, he added.
The counsel argued that the apex court could set the precedent of a second review in cases which were mishandled, and that no clause of the Constitution puts a bar on the court to review/recall its judgment.
Justice Shah said the present case was decided in the absence of the prosecution.
He said if any case was poorly handled and the Supreme Court start conducting reviews, there would be no end to litigations in the country.
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