Case Details

Citation(s)
2019 SLG 2838 2019 SLD 2838 2019 PLD 749
Supreme Court of Pakistan
Civil Appeal No. 1772 of 2008 and Civil MiscellaneousApplication No. 1990 of 2015; Civil Petition No. 1708 of2011; Civil Appeal No. 253 of 2015; Civil Petition No. 988of 2015; Criminal Appeal No. 391 of 2015 and Criminal AppealNo. 19 of 2018, decided
MUSHIR ALAM, JUSTICE MANZOOR AHMAD MALIK, JUSTICE SARDAR TARIQ MASOOD, JUSTICE IJAZ UL AHSAN, JUSTICE MAZHAR ALAM KHAN, JUSTICE MIANKHEL, JUSTICE SYED MANZOOR ALI SHAH, JUSTICE
Shahid Azeem, Advocate Supreme Court, Javed Iqbal Raja, Advocate Supreme Court, Burhan Moazam Malik, Advocate Supreme Court, Mian Pervaiz Hussain, Advocate Supreme Court, Syed Tayyab Mehmood Jaffari, Advocate Supreme Court, Muhammad Ishtiaq Ahmed Raja, Ad

MOINUDDIN AND OTHERSVSTHE STATE AND OTHERSABDUL REHMANVSTHE STATE AND OTHERSMUHAMMAD QAISER ALIAS BILLAVSTHE LEARNED DISTRICT AND SESSIONS JUDGE/JUDGE ATC NO.1, FAISALABAD AND OTHERSWARYAM AND OTHERSVSTHE STATEZAFAR HUSSAIN AND OTH

Law: Supreme Court Rules, 1980

Section: 9

Law: Criminal Procedure Code (V of 1898)

Section: 345

Law: Anti Terrorism Act, 1997

Section: 7

Law: Constitution of Pakistan, 1973

Section: 184(3),185,187(1),188

Supreme Court Rules, 1980--- ----O. XXVI, R. 9---Constitution of Pakistan Art. 188---Review jurisdiction of the Supreme Court--- Second/subsequent review petition before the Supreme Court---Maintainability---No scope for maintainability of a second or subsequent review petition before the Supreme Court after the first review petition had been decided. Khalid Iqbal and 2 others v. Mirza Khan and others PLD 2015 SC 50; Syed Shabbar Raza Rizvi and others v. Federation of Pakistan, Ministry of Law and Justice Division through Secretary, Islamabad and others 2018 SCMR 514 and Akhtar Umar Hayat Lalayka and others v. Mushtaq Ahmed Sukhaira and others 2018 SCMR 1218 ref. (b) Constitution of Pakistan--- ----Arts. 184(3), 187(1) & 188---Review jurisdiction of the Supreme Court---Scope---After exhausting the review jurisdiction of the Supreme Court a party to a case could not invoke Art. 184(3) or Art. 187(1) of the Constitution for reopening the same case. Khalid Iqbal and 2 others v. Mirza Khan and others PLD 2015 SC 50; Syed Shabbar Raza Rizvi and others v. Federation of Pakistan, Ministry of Law and Justice Division through Secretary, Islamabad and others 2018 SCMR 514 and Akhtar Umar Hayat Lalayka and others v. Mushtaq Ahmed Sukhaira and others 2018 SCMR 1218 ref. (c) Constitution of Pakistan--- ----Arts. 184(3), 185, 187(1) & 188---Interpretation of law in a by the Supreme Court---Question whether an interpretation of law in any earlier order or of the Supreme Court needed to be revisited or not---Such question was to be decided by the Supreme Court upon its own initiative and no party to a case or any other interested person could approach the Supreme Court for revisiting its earlier orders or s. (d) Criminal Procedure Code (V of 1898)--- ----S. 345---Anti-Terrorism Act (XXVII of 1997), S. 7---Act of terrorism---Non-compoundable offence committed simultaneously with some other coordinate compoundable offence in the same case---Question as to whether a non-compoundable offence, such as terrorism, could be treated as a compoundable offence for the purpose of recording an acquittal in respect of that offence if a coordinate compoundable offence committed in the same…
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