Law: Constitution of Pakistan, 1973

Section: 4(1),188,25,184(3),187(1),209(5)(b),211, 209(6)

Law: Civil Procedure Code (Amendment) Ordinance, 1980

Section: 1

Law: Income Tax Ordinance, 2001

Section: 11(5),111,116(1)(b),121,122,198,199,209, 216

(a) Constitution of Pakistan-------Art. 4(1)---Right to be dealt with in accordance with law---Scope---No one, including a Judge of the highest court in the land, is above the law---At the same time, no one, including a Judge of the highest court in the land, can be denied his right to be dealt with in accordance with law; it matters little if the citizen happens to hold a high public office, he is equally subject to and entitled to the protection of law.(b) Supreme Court Rules, 1980-------O.XXVI, R. 8---Civil Procedure Code (V of 1908), O. XLVII, R.1---Constitution of Pakistan, Art. 188---Review petition, hearing of---Constitution of Bench---Scope---Judicial power to be exercised by the dissenting Judges in review jurisdiction---Dissenting Judges on the Bench that heard the case, subject to their availability, are necessary members of the Bench constituted to hear review petition filed against the majority , i.e., of the Court, in particular, when the Bench that first heard the case was a specially constituted Bench for hearing that case---Dissenting Judges, subject to their availability, being necessary members of the review Bench possess the same judicial power as that of the other members of the Bench.As the of the Court is considered to be the of all the members of that Bench, irrespective of its being majority or unanimous , there can be no difference in judicial powers of the members who earlier delivered the majority or minority while hearing the review petition, under Article 188 of the Constitution, against the of the Court, i.e., the majority . This is because the of the Court is under review and not the view of the majority judges. There is nothing in the Constitution or the Supreme Court Rules, 1980 that restricts the judicial power of dissenting Judges in review jurisdiction in comparison to that of the Judges who delivered the majority . The dissenting Judges, subject to their availability, being necessary members of the review Bench possess the same judicial power as that of the other members of the Bench. The Judge whose opinion remained the minority view in the main case is as empowered to review the of the Court, as can a Judge who delivered…