| Citation(s) |
|---|
| 2023 SLG 1945 2023 PLD 621 2023 SLD 1945 |
C.M.A. 2012 of 2023 in C.M. Appeal No. 81 of 2021 C.M. Appeal No.81 of 2021 in C.R.P. No. 296 of 2020 in Const. P. No. 17 of 2019, C.M.A. No. 2013 of 2023 in C.M. Appeal No. 82 of 2021, C.M. Appeal No. 82 of 2021 in C.R.P. No. 297 of 2020 in Const. P. No.
Present: Umar Ata Bandial, C.J.
Mansoor Usman Awan, Attorney General for Pakistan and Ch. Aamir Rehman, Addl. A.G. for Applicants/Appellants.
The PRESIDENT OF PAKISTAN and others---Petitioners
VERSUS
Justice QAZI FAEZ ISA and others---Respondents
Law: Constitution of Pakistan, 1973
Section: 184(3),188,209(5)(b)
(a) Supreme Court Rules, 1980--- ----O.XXVI, R. 9---Constitution of Pakistan, Arts. 184(3), 188 209(5)(b)---Curative review---Second review petition---Maintainability---Bar on filing---Curative review petitions, withdrawal of---Through present applications the appellants seek the withdrawal of their curative review petitions filed against the Supreme Courts decision dated 26.04.2021 given in its review jurisdiction in Justice Qazi Faez Isa v. President of Pakistan (PLD 2022 SC 119) (subject )---Held, that bar on filing a second review petition is declared in Rule 9 of Order XXVI, of the Supreme Court Rules, 1980---Under the current scheme of the law the appellants appear to be precluded from filing a review against the subject because it has finally disposed of the review petitions filed against the original ---Second review is barred by law and the Court alone is empowered, if so inclined, to re-visit, review or set aside any of its previous s/orders---In the present case no Member of the Bench that delivered the subject (nor any other Judge of the Court) has so far considered it necessary to re-visit, review or set aside that on the ground that it has had a significant impact on the Fundamental Rights of citizens; or that it is in the interest of the public good; or that it is per incuriam---Consequently, in the absence of such a judicial view and the lack of an enabling jurisdiction that allows an aggrieved or concerned party to file a second review, the appellants curative review petitions appear to be not maintainable---In such circumstances the ordinary course of action would have been to refer the matter to the Court for a conclusive determination on its maintainability---However, the appellants are now seeking the withdrawal of their curative review petitions---Such right of the appellants to withdraw their curative review petitions (and generally of parties to withdraw their cases) is acknowledged by the law---Applications were allowed and the curative review petitions were dismissed as withdrawn. Rupa Ashok Hurra v. Ashok Hurra AIR 2002 SC 1771; Khalid Iqbal v. Mirza Khan PLD 2015 SC 50 and Justice (Retd.) Abdul Ghani Sheikhs case PLD 2013 SC 1024…
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