Case Details

Citation(s)
2019 SLG 2189 2019 SLD 2189 2019 PLJ 548
Supreme Court of Pakistan
Criminal Review Petitions No. 15 to 18 of 2011, decision & hearing Dated: 13.06.2019. [For review of common Judgment Dated 21.04.2011 passed by this Court in Criminal Appeals No. 167 to 170 of 2005]
GULZAR AHMED, JUSTICE MUSHIR ALAM, JUSTICE MAQBOOL BAQAR, JUSTICE
Criminal Review Petitions No.15 to 18 of 2011, decision & hearing dated: 13.06.2019. [For review of common Judgment dated 21.04.2011 passed by this Court in Criminal Appeals No.167 to 170 of 2005] Petitioner(s) by: Ch. Aitzaz Ahsan, Sr. ASC and Mr. Gohar

MST. MUKHTAR MAI

VS

ABDUL KHALIQ & OTHERS

Law: Offence of Zina (Enforcement of Hudood) Ordinance, 1979

Section: 10(4),19

Law: Anti Terrorism Act, 1997

Section: 7

Law: Constitution of Pakistan, 1973

Section: 188

Law: Pakistan Penal Code, 1860

Section: 109,119,217,342,354A

Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (VII of 1979)-- ----S.10(4)/19--Pakistan Penal Code, 1860--Ss. 354-A/217/119/342/109, Anti Terrorism Act, 1997, S. 7--Review jurisdiction--Criminal jurisdiction--All Co-accused were acquitted except one who was sentenced imprisonment for life--Formulation made by him which required re-appraisal of entire evidence and to take a view different from one which has been taken by this court in under review and such course of action is not permissible under law while exercising review jurisdiction--Review cannot go into merits of case--Present review petitions are not justifiable and are liable to be dismissed. PLD 2016 SC 229, ref. Constitution of Pakistan 1973-- ----Art.188--Court while hearing review cannot re-appraise evidence to come to a conclusion different from one adopted by court in under review. Constitution of Pakistan, 1973-- ----Art.188--Power of review stems from possibility of judicially fallibility and is exercised in exceptional circumstances, in aid of justice, to avoid gross injustice, and in view of necessity to avoid perpetuating such illegality, which cannot be allowed to remain on record. Constitution of Pakistan, 1973-- ----Art.188--Review jurisdiction--A review is not synonymous with an appeal and does not include rehearing of matter in issue nor will be warranted merely because conclusion drawn is wrong or erroneous budget is limited to eventualities where something obvious has been overlooked or where there is a glaring commission or patent mistake of fact or law, which is self-evident, manifest and floating on surface, materially affecting outcome of adjudicatory process. THIS JUDGMENT DELIVERED BY: GULZAR AHMED, J.- These Criminal Review Petitions have been filed seeking review of common judgment of this Court dated 21.04.2011 passed in Criminal Appeals No.163 to 171 of 2005 and SMC No.5 of 2005. 2. Brief facts of the matter are that FIR No.405 dated 36.06.2002 was got registered by the petitioner with Police Station Jatoi, District Muzaffargarh under Section 10(4) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (the Ordinance 1979) read with Section 109 of Pakistan…
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