Law: Constitution of Pakistan, 1973

Section: 199

Law: Pakistan Army Act, 1952

Section: 97

(a) Constitution of Pakistan --- ----Art. 199---Earlier of Bench consisting of equal Judges of the High Court---Binding effect---Constitution of a Larger Bench---Scope---When a subsequent Bench of the High Court comprising of same numbers of Judges, did not wish to agree with the view of earlier Benches on the same point then instead of giving a different view, it had to request for the constitution of Larger Bench to revisit the earlier view of the Court---Wisdom behind honouring the earlier view of the Benches of the same High Court by the subsequent Bench on the same point of law, was to maintain harmony in the decisions of the Court on the same point of law---If, a Bench of equal numbers of Judges, was permitted to give a different view than the earlier view of the Bench of equal numbers of Judges on the same point of law, it would certainly create chaos and confusion, not only for the public at large, but also for the Courts, subordinate to the High Court. (b) Pakistan Army Act (XXXIX of 1952)--- ----S. 97---Constitution of Pakistan, Art. 199---Decision of Military Courts/Criminal Courts---Constitutional jurisdiction of the High Court to interfere in such decision---Scope---High Court, in exercise of its judicial review under Art.199 of the Constitution had the mandate to positively interfere with the decisions of the Criminal Courts/Military Courts, against which no right of appeal was available to the accused/convicts, if the case of prosecution was based on no evidence or insufficient evidence, was void, coram non-judice, without jurisdiction and based on mala fide or malice in law. (c) Administration of justice-- ----Constitution of High Court Benches---Scope---(Peshawar) High Court Rules and Orders---Constitution of Larger Bench---Scope---No provision existed either in Peshawar High Court Rules or Civil Procedure Code, 1908, which may give right to a party to a case to make a request for the constitution of Larger Bench. THIS ORDER PASSED BY: ABDUL SHAKOOR, J.- Through this application, applicants/ respondents Nos.1, 2, 3 and 5, have prayed for the constitution of Larger Bench in the main writ petition and petitions connected therewith, to give an…

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